ENVIRONMENTAL LAW
|
William (Bill) Koska is an aggressive litigator of environmental issues and toxic torts. His knowledge and experience handling environmental concerns, including compliance with water, land and air requirements, is lengthy and impressive.
From cases involving the inhalation of cancer-causing insecticides, benzene, asbestos and mold to deadly exposure to chemicals through the air, drinking water or in the earth, Mr. Koska has represented clients both as plaintiffs and defendants in certain types of litigation. He is equally comfortable on either side of the counsel table, whether representing an individual, small business or large corporation. He has handled matters involving CERCLA, CEQA, Clean Air Act, Proposition 65, the California Public Utilities Commission, federal and state safe drinking water laws, UST's, mold, and air quality issues for a variety of clients, both large and small. He has also represented developers, subcontractors and individuals in real estate matters involving construction defect, environmental, boundary and partition issues. |
Individual business persons, and small businesses many times have issues with land they contemplate purchasing for income and business expansion in general. The issues range from possible contamination by the seller or prior owners, to insurance coverage, price, guarantees and indemnity between the parties, potential uses the new purchaser wants to make of the property and contingencies in the contract of sale. We can assist these types of clients at small firm legal fee rates, and still get "big firm service" for our clients-over 35 years of experience counts!
wATER rIGHTS
Mr. Koska recently defended a large ranch owner in one of the largest water rights cases in the U.S. in federal court in San Diego. His client obtained a dismissal with prejudice following a motion hearing. Three Indian tribes are suing 2,200 individuals and companies in two counties for a numerical quantification of water rights. The case has issues for the U.S. Supreme Court and is expected to go to trial sometime in 2013.
wATER AND tOXIC tORT
For over ten years, beginning in 1997 and culminating in the summer of 2007, Mr. Koska served as lead defense counsel for American States Water Company in the successful defense of tort cases involving allegations by 3,000 plaintiffs of ingestion of contaminated water over a 20-year period. All cases were dismissed in favor of Mr. Koska's client on motion in Los Angeles and in Sacramento following remand from the California Supreme Court in Hartwell v. Superior Court (February 2002). The cases in Sacramento were not appealed.
The cases in Los Angeles were appealed, and the landmark opinion rendered on August 24, 2007, In Re: Groundwater Cases, affirmed the dismissal in favor of Mr. Koska's client. The ruling also confirmed that California has a safe harbor for PUC-regulated water utilities against suit as long as the utilities are in compliance with all federal and state safe drinking water laws.
The cases in Los Angeles were appealed, and the landmark opinion rendered on August 24, 2007, In Re: Groundwater Cases, affirmed the dismissal in favor of Mr. Koska's client. The ruling also confirmed that California has a safe harbor for PUC-regulated water utilities against suit as long as the utilities are in compliance with all federal and state safe drinking water laws.
Prosecuting Responsible Parties
A Controversial Case Against the State of California and its Agencies
From 1999 to 2004, Mr. Koska prosecuted a case against the State of California, California Regional Water Quality Control Board and Dept. of Toxic Substances Control on theories of inverse condemnation, nuisance and trespass for their oversight authority involving Aerojet General Corporation's cleanup of contaminated well fields in Rancho Cordova, California. At the same time, Mr. Koska prosecuted Aerojet General Corporation for contaminating American States' well fields in Sacramento. The cases were consolidated for trial and resulted in settlements valued at over $100 million.
Defense of Clean Air Act Violations
In the case of State of North Carolina v. Tennessee Valley Authority (TVA) (January 2009), Mr. Koska was part of the defense team. This historic case involved claims by the State of North Carolina that emissions from TVA smoke stacks in three states were polluting the state of North Carolina as a result of wind currents in the southeastern United States. The allegations involved claims of nuisance and issues pertaining to the Clean Air Act.
Defense of Contaminated Water Claims
In 1992, Mr. Koska defended a publicly-traded water utility against claims of injury and death resulting from the ingestion of allegedly contaminated water by some 270 persons. After less than a year of litigation, only 30 plaintiffs were left and the case settled with each plaintiff receiving approximately $6,000.
Defense of Air Pollution Claims
In 1989/1990, Mr. Koska defended the Dial Corporation in a case brought by over 100 plaintiffs alleging that Dial's chlorine plant, along with several other industrial plants in the area, had caused multiple injuries and death to the surrounding residents. After less than a year of litigation, the cases were dismissed in favor of Mr. Koska's client.
Defense/Prosecution Regarding Air Pollution Claims
In 1986, Mr. Koska defended Dial Corporation in litigation filed on behalf of 100 plaintiffs who had inhaled chlorine fumes, following a chlorine tank explosion at the Dial plant. He settled with the plaintiffs for a very reasonable figure. Thereafter, he successfully prosecuted the responsible parties for Dial and recovered a seven figure settlement.
Background
Mr. Koska's background with toxic torts spans some 31 years. He first handled a case involving allegations of aplastic anemia involving the inhalation of insecticides in 1977 and 1978. In the late-1970s and throughout the 1980s, Mr. Koska was involved in handling matters having to do with asbestosis, mold, inhalation of benzene, and various other products alleged to cause lung damage and blood disorders, including leukemia and aplastic anemia.
Like many young lawyers in Los Angeles in the early part of the 1970's, William Koska learned the litigation business from trying and handling a variety of cases as an insurance defense lawyer. The exposure he gained to many areas of law gave him the opportunity to develop expertise in the areas he most enjoyed.
Early on he became interested in toxic tort cases whether involving industrial/commercial or residential exposure to chemicals through the air, drinking water or in the earth. This led to his involvement in litigation with State and Federal agencies dealing with his clients environmental concerns, including compliance with water, land and air requirements. His career has allowed him to represent clients both as plaintiffs and defendants in many types of litigation.
Like many young lawyers in Los Angeles in the early part of the 1970's, William Koska learned the litigation business from trying and handling a variety of cases as an insurance defense lawyer. The exposure he gained to many areas of law gave him the opportunity to develop expertise in the areas he most enjoyed.
Early on he became interested in toxic tort cases whether involving industrial/commercial or residential exposure to chemicals through the air, drinking water or in the earth. This led to his involvement in litigation with State and Federal agencies dealing with his clients environmental concerns, including compliance with water, land and air requirements. His career has allowed him to represent clients both as plaintiffs and defendants in many types of litigation.