About Us
Experience & Credentials
Murray M. Sinclair
Practice Areas
Areas of Expertise
Environmental Litigation
- Superfund Litigation (defending and/or resolving disputes involving potentially responsible parties at major California Superfund sites such as Operating Industries Inc., the San Gabriel Valley Superfund sites, the Glendale Superfund site and BKK Landfill)
- Federal court private party cost recovery actions under CERCLA, RCRA, and related statutes
- State court actions between property owners/landlords, oil companies, gasoline service station operators
- UST Cleanup Fund matters
- Inability to pay situations
- PCE contamination caused by dry cleaners and negligent property maintenance
- Hazardous releases impacting onsite and offsite properties from manufacturing and metal plating operations
- Mold toxic tort
- Appearing before and/or communicating effectively with oversight regulatory agencies such as the U.S. EPA, the California Regional Water Quality Control Boards and the California Department of Toxic Substances Control
- The interrelationship between environmental exposure and insurance coverage
Insurance Coverage
We know the ins and outs of insurance coverage law, claims processes and the numerous nuances concerning the different types of claims and liabilities that can arise where actionable soil and groundwater contamination is either present or threatened. Specifically, we are conversant with:
- Environmental Pollution claims under CGL policies concerning historic contamination occurring decades prior to discovery
- Duty-to-Defend Liability claims
- Assignment issues where coverage has been denied
- Errors and Omissions claims against insurance brokers and other professionals (environmental consultants)
- Risk management issues necessary for settlement under newer coverages (pollution legal liability; cost cap coverage)
“This concise and thoroughly documented book, based on decades of experience, contains a wealth of valuable information and practical strategies to avoid environmental litigation in an increasingly litigious world. Written with remarkable clarity, numerous illustrative examples, more than a touch of perspective, and even well-aimed humor . . .”
— Dr. Arthur M. Winer, Emeritus Professor, Environmental Health Sciences, UCLA (Review of 1st Edition)
“While the cover looks like a grown-ups’ coloring book, it belies the seriousness of what’s within. The book is geared toward the non-environmental lawyer who needs to catch up on this practice area, as well as commercial property and business owners.”
— The Recorder [California], a legal publication of American Lawyer Media, Inc., October 22, 2004 (Review of 1st Edition)
“This book is a useful resource for the non-lawyer in dealing with potential on-site contamination issues, landfills, or other unknown environmental quagmires. The authors have written an easy to read book that translates basic environmental scientific issues into understandable language and simplifies the complex regulatory landscape. The reader is presented with pragmatic responses that can help them navigate environmental issues and avoid making problems worse . There are charts and questionnaires to help define problems and an extensive index that includes legal references and precedents. While environmental laws can be somewhat arcane even to those experienced in working with them, this book will be helpful to readers whether they are shopping center owners, small businesses, or manufacturers.” [comments on 1st edition]in an increasingly litigious world. Written with remarkable clarity, numerous illustrative examples, more than a touch of perspective, and even well-aimed humor . . .”
— Jody Freeman, currently Archibald Cox Professor of Law and Director of Environmental and Energy Law Program at Harvard Law School, and formerly UCLA Professor of Law.
Articles
“Boots on the Ground: Are environmental investigations privileged?” Los Angeles Daily Journal, 07/13/23
“The Common Fund Theory: Insurer Liability for Compulsory Cross Actions” Los Angeles Daily Journal, September 21, 2011 (co-author Ryan C. McKim)
“Don’t Let the Fast-Track System Derail Your Environmental Litigation” Los Angeles Daily Journal, April 30, 2009
“Insurance Policy May Allow One to Raise the Dead” Los Angeles Daily Journal, March 29, 1999
“Dirty-Duty-Environmental Law: Must an Insurer Defend Administrative Claims as well as Suits?” And what is the Extent of the Sudden and Accidental Pollution Exclusion?” California Law Business, March 9, 1998
“Wasting Away: The Demise of CERCLA Joint and Several Liability” Los Angeles Daily Journal, December 12, 1997
“No Cleanup of Superfund: Reform Measure Improves Law, But Won’t End Costly Litigation” Los Angeles Daily Journal, April 22, 1994
Philosophy
In legal matters one size doesn't fit all
While “cookie-cutter” solutions may sound attractive on some levels (particularly to those in charge of billing hours at big law firms), they have no place in reality. Every case is unique and requires that every solution also be.
Finding answers where others find only questions
That means being creative -thinking and seeing things from a different angle with a fresh perspective-and that as much as anything else is what we are known for. For more than 30 years, Murray M. Sinclair & Associates has helped clients needing inventive solutions. And we’ve provided them.
We despise compromise until it serves your best interests; at that point we embrace it.