carolina panthers jersey cheap A FINE COMEUPPANCE COMES TO HALACO ATTORNEY


When Fine mixed it up with the heavyweight Army Corps of Engineers in the 70s, he emerged victorious. Halaco was ordered to stop dumping waste onto the marshland to the north, so Fine sued, contending, “Pickleweed itself does not make a wetland.” The ACOE backed off and remained silent for 20 years.

In 1983, the state Department of Toxic Substance Control reported Halaco’s waste exceeded limits for copper and zinc. Playing his usual game of hardball, Fine managed to negotiate a 1989 settlement exempting the company from the standard.

Fine also took the California Coastal Commission all the way to the California Supreme Court. In fact, Fine became so famous for the 1986 decision in Halaco’s favor, he was invited to lecture about hazardous waste at both USC and UCLA.

During the late 80s, after a cost benefit analysis, the federal Environmental Protection Agency called a truce hounding Halaco only propelled Fine into a forensic feeding frenzy.

In 1994, when the well meaning but hardly legally savvy Citizens for a Better Environment (San Francisco) claimed that Halaco neglected to file required reports with the EPA, Fine swatted them away like so many flies.

Fine especially relished playing the bully: not only did he haul Ventura County Air Pollution Control District officials into court for overstepping their bureaucratic boundaries but he also threatened to sue the Los Angeles Regional Water Quality Control Board for imposing unconstitutional restrictions on Halaco’s operating permit.

Bottom line, by 2000, Halaco had to pay only a few nominal fines, largely as a result of the Air Pollution Control District violations. Fine told this journalist (with a straight face, I might add) that the seashore at Ormand Beach was the only logical location for a smelting plant after all, “salty dirt” is its primary waste product.

He remained unconcerned about folks who worked downwind at neighboring facilities in the South Oxnard industrial park (where it was rumored that pollution from Halaco peeled the paint off cars) or the residents of Port Hueneme’s Surfside III, who regularly came down with watery eyes, wearisome headaches and/or a wicked metallic taste in their mouths whenever the wind shifted.

But Fine no longer occupies the catbird seat. In January of 2001, the non profit Environmental Defense Center, on behalf of Santa Barbara Channelkeeper, sued Halaco in state and federal court. Fine lost big time. The resulting agreement required Halaco to refrain from discharging contaminated wastewater into its ponds and to cease adding any more solid waste to the 40 foot high slag heap. Additionally, Halaco could either truck away a significant portion of the 710,000 cubic yards of leftover heavy metals in the next three years or write a check for $500,000 to a local environmental enhancement fund.

Fine immediately filed for Chapter 11 bankruptcy protection on behalf of Halaco, which ultimately shuttered its doors in 2004.

David Seror, the court appointed federal bankruptcy trustee in the case, alleged that manager Dave Gable and the Haack family owners (90 year old Clarence and sons, Robert and John) siphoned assets from Halaco to open MagPro in Camden, Tennessee, (which recently suffered a spectacular fire damaging 15 percent of the plant) to avoid financing the cleanup. District Court hope to force the Haacks and Gable to pay up. According to preliminary EPA estimates, stabilizing and removing the slag heap could cost more than $150 million. In turn, Robert and John Haack have filed a malpractice claim against Fine and his firm (Mitchell, Silberberg Knupp LLP) for giving them bad advice during the past four decades.

In addition, last December, given the EPA’s recommendation that Halaco be listed as a federal Superfund hazardous waste cleanup site (which became official last month) Seror announced he, too, was looking into the possibility that Fine and his firm might share liability along with the owners and manager because of “acts or omissions” re: Halaco’s legal affairs.

Fine’s fate brings the words of the cinematic General Patton (George C. Scott) to mind: “For over a thousand years, Roman conquerors returning from the wars enjoyed the honor of a triumph a tumultuous parade. The conqueror rode in a triumphal chariot, the dazed prisoners walking in chains before him. Yet a slave always stood behind the conqueror, holding a golden crown, and whispering in his ear a warning: that all glory is fleeting.”

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