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David A. Rabbino - Select Representative Matters

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NCR Corporation v. George Whiting, et al., (E.D. Wis)
Co-lead counsel for former paper manufacturing company in a multi-state contribution action concerning PCB-contaminated sediments in the Fox River, Wisconsin. Coordinated individual representation of client with other counsel in a joint defense group . Obtained summary judgment against plaintiff and dismissal of contribution claims at a site with estimated cleanup costs of over $1 billion total.

S&N v. Oh, et al (San Jose Sup. Ct)
Lead counsel for property owner in a chlorinated solvent groundwater contamination site. Prosecuted claims against responsible parties and defended cross-claims. Through the use of available insurance assets and settlements with responsible parties, obtained a fully funded defense, site investigation, and remediation of the contamination at no expense to the client.

State of California v. Noret, et al, (E.D. Ca); State of California v. Payless Cleaners, et al (E.D. CA)
Co-lead counsel for small company in two multi-party groundwater contamination actions brought by the State of California. Coordinated defense through the use of insurance assets and obtained settlements in both actions with the State of California providing a full and complete release of liability from the States at no expense to the client.

U.S. v. ABEX Corp., et al. (Casmalia, CA), August 2000 to November 2001. Lead EPA attorney for CERCLA enforcement action at the Casmalia Disposal Site. Worked with several attorneys from EPA and the U.S. Department of Justice: (a) negotiating a settlement with the State of California concerning it potential liability at the Casmalia Site; (b) developing and implementing settlement strategies to resolve the liability of the approximately 125 largest PRPs at the Casmalia Site; and (c) determining the PRPs’ compliance with all applicable and relevant laws, including the Endangered Species Act.

U.S. v. Chevron USA, Inc., et al. (ED Cal.), Lead EPA attorney for this CERCLA matter. Represented the EPA on a large Ad Hoc Committee including representatives of the United States Congress, the EPA, the U.S. Department of Housing, the State of California Department of Housing, the City and County of Fresno, and Chevron USA, Inc., for the purposes of developing and implementing a relocation effort of certain residents adjacent to the Purity Oil Superfund Site. Provided legal assistance in the preparation of a second Explanation of Significant Differences (ESD) for the Purity Site soils remedy, and drafted and negotiated of a second consent decree with Chevron USA, Inc.

U.S. v. Buena Vista Mine, Inc., et al. (CD Cal.), Lead EPA attorney for this CWA and CERCLA matter. Drafted and issued Findings of Violations and Orders under the CWA for violations of effluent limits and receiving water limitations under two National Pollution Discharge Elimination System (NPDES) permits and thereafter directed the underlying investigation and legal development of the case. Assisted the U.S. Department of Justice in conducting discovery, drafting of procedural and substantive motions, presenting the United States’ oral argument in support of its application for an Administrative Warrant under Section 104(e) of CERCLA, and in all settlement negotiations and court conferences. Ultimately drafted and issued a Unilateral Administrative Order pursuant to section 106(a) of CERCLA to three parties requiring the implementation of various response actions at the Site.

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