PG&E Contamination Representation for marina homeowners
Gross Klein PC has successfully represented Marina homeowners against PG&E, in cases arising out of contamination of their properties, since 2011.
Resolution of homeowner claims can involve either remediations of the property or PG&E’s purchase of it. Whatever path is chosen, it is important to have experienced legal representation. We can provide that representation in a manner that likely will result in little to no out-of-pocket cost.
Process of Successfully Addressing the Contamination
PG&E has accepted responsibility for the contamination; however, its goal is to address the contamination in the least expensive way possible. We leverage our deep understanding of the issues and history of litigation successes against PG&E to achieve the best possible result for our clients.
This process starts with ensuring that PG&E conducts an adequate investigation of the property’s contamination and concludes with, in every case thus far, in settlements with the following elements, depending on each client’s situation and preferences:
A cleanup of the property and post-cleanup restoration of the property paid for by PG&E.
Significant lump sum payments.
Future appreciation guarantees.
Generous relocation allowances for the period of remediation and restoration.
PG&E’s lease of the property during its remediation and restoration.
PG&E’s purchase of the property for substantially above market value.
At most stages of this process, we have generally been able to negotiate agreements that force PG&E to cover most or all of our clients' attorneys’ fees and costs. These costs include the fees of our experts, which include experienced environmental professionals, structural engineers, and property valuation experts.
Please submit the form below to arrange a consultation with Gross Klein PC. There is no charge for this consultation.
Location of the Contamination in the Marina
Soil contamination is predominantly found in the following locations:
North Beach Manufactured Gas Plant Site: an area bounded by Bay St., Webster St., Buchanan St., Laguna St., North Point St., and the San Francisco Marina.
Fillmore Manufactured Gas Plant Site: an area including portions of Alhambra St., Toledo Way, Mallorca Way, and Chestnut St.
Groundwater contamination is found in the above locations as well as in areas to the north and northwest of the above locations.
Nature and Health Risks of the Contamination
The contamination is in the form of large and small solid waste, as well as tar-like substances, and related groundwater contamination.
The predominant toxin in the contamination are chemicals known as polyaromatic hydrocarbons, which are known carcinogens. The contamination also contains lead, cyanide, and arsenic.
The principal pathways between residents and the contamination are dermal contact with contaminated soil and ingestion of that soil, particularly by small children. Contaminated groundwater can also result in vapor contamination within buildings.
History of Manufactured Gas Plants that Caused the Contamination
Manufactured Gas Plants or “MGPs” were operated by utilities, including PG&E, throughout the United States during the late nineteenth and early twentieth centuries, often in locations that are now residential neighborhoods. In San Francisco, two manufactured gas plants operated in the present Marina neighborhood, two operated in the present Fisherman's Wharf neighborhood, and another operated in the present Dog Patch neighborhood.
MGPs turned coal and, later, crude oil into a gas that was piped to residences for cooking and lighting. The process involved heating the coal or oil in furnaces, and created a large amount of waste, including tar and incompletely combusted fuel; both types of waste contain high levels of chemicals in a family known as polyaromatic hydrocarbons or "PAHs.” Many PAHs, including those associated with MGPs, are known carcinogens and are highly toxic. The wastes created by MGPs also include arsenic, cyanide and lead, the latter having been a common constituent in the materials used for the construction and maintenance of MGPs, given the highly acidic nature of the gas produced.
Generally speaking, MGP wastes were disposed on or near the site of the MGP, by simply dumping the wastes in an existing or excavated depression or in a nearby body of water. In the case of the Marina neighborhood, many of these disposal locations are now the locations of homes. When MGPs were decommissioned, the facilities where generally knocked down and the debris (including debris with high levels of lead) was spread across the facility's former footprint and dumped into any below ground tank or well.
The former operators of MGPs, which includes PG&E, in the case of the San Francisco MGPs, are responsible for addressing the impacts of MGP wastes, including its impacts on homeowners in affected neighborhoods.