Steven E. Soule
Overview
Steven Soule practices environmental law and litigation. He assists clients in complying with a broad range of environmental regulatory requirements, including compliance with air emission, waste water discharge and hazardous waste permit requirements, CEQA, state and federal release reporting and clean-up requirements, underground storage tank requirements and California’s Proposition 65 requirements.
He has litigation experience in state and federal courts, at both the trial and appellate levels, as well as before the South Coast Air Quality Management District hearing board and in private arbitrations. In particular, he has experience in complex civil cases involving toxic tort, nuisance, and trespass claims arising from alleged contamination of real property, CERCLA cost recovery, and a number of government investigations including several involving claims based upon compliance with petroleum storage requirements and contamination of groundwater, and one involving alleged violations of various air pollution laws.
Steve was also lead trial counsel for a ten-day jury trial in a personal injury action and was lead defense counsel in two business tort and fraud cases, one that was dismissed on summary judgment and upheld on appeal and one that was dismissed at the pleading stage. Steve has also taken a leading role in criminal environmental cases based upon alleged chemical releases and failures to report hazardous substance releases and in enforcement cases based upon claims under Proposition 65 for alleged failures to warn of exposures and improper discharges to groundwater. He also teaches environmental law as an adjunct professor at Loyola Law School, Los Angeles.
Experience
Representative Matters
BP West Coast Products in a civil enforcement action brought by the South Coast Air Quality Management District alleging violations of multiple air pollution rules including rules on aboveground petroleum tanks with floating roofs, fugitive emissions, flare testing and wastewater tanks.
BP West Coast Products in a 400-plaintiff toxic tort case alleging personal injury and property loss due to exposure to emissions from BP’s Carson, California Refinery. The plaintiffs, both adults and children, live in the neighborhood adjacent to the refinery and allege that its airborne emissions have caused numerous illnesses, including cancer, asthma and other respiratory problems.
Representing a major petroleum company in an investigation by the California Air Resources Board (CARB) into its mandatory reporting of greenhouse gas emissions and achieving a favorable settlement despite CARB initially claim that the company engaged in the largest and most significant reporting errors in California history.
The Irvine Company in a declaratory relief action brought by The Irvine Company against Orange County seeking confirmation that the county bore responsibility for remediation of an a landfill under a contract between the parties. The county argued that The Irvine Company was not properly controlling methane and other gases from the landfill causing fires and exposing nearby residents.
Strategic Materials in a civil enforcement action by the Department of Toxic Substances Control (DTSC) alleging improper recycling and waste disposal practices at the company’s current and former California glass recycling facilities.
GATX Corporation in multiple personal injury lawsuits, including a jury trial, involving thousands of plaintiffs, arising from a train derailment, pipeline explosion and resulting hydrocarbon and other chemical releases, which allegedly were public and private nuisances.
Represented the nation’s leading builder of luxury homes and its subsidiary in litigation stemming from the 2015 blowout of SoCalGas’s Natural Gas Storage Well in Aliso Canyon, California. Kirkland replaced existing counsel and defeated defendants’ summary judgment motions, including for nuisance and trespass. Favorable settlement achieved.
A major California public utility, Pacific Gas and Electric Company, regarding environmental and CEQA issues related to the divestiture of a majority of its fossil fuel power plants resulting from the deregulation of California’s electric industry.
BP West Coast Products in litigation and a bench trial relating to an alleged multimillion dollar violation of The California Air Resources Board (CARB) reformulated fuels regulation. CARB is alleging that oil shipments from BP’s Cherry Point refinery failed to meet California regulations. This case was the first major CARB enforcement trial under the recently enacted SB 1402.
Boeing in litigation brought by a dozen individuals claiming cancer allegedly caused by environmental contamination from manufacturing operations of Boeing and McDonald Douglas in Long Beach, California.
Raytheon and General Dynamics in several consolidated federal court actions alleging liability for soil and groundwater contamination under CERCLA and other statutes and common law theories and in a related state court action.
ARCO and BP in a series of federal, state and local lawsuits and investigations relating to underground storage tank (UST) and hazardous waste compliance issues and UST upgrade issues across California and neighboring states and alleging public nuisance claims relating to USTs.
Tosco Refining Company in an action brought under the Safe Drinking Water and Toxic Enforcement Act and unfair business practice statutes alleging failure to warn of exposure to petroleum coke and related toxic substances in the Port of Long Beach area and property damage to nearby businesses and residences.
Owner of a chemical manufacturing facility in a toxic tort case brought by residents of a housing project adjacent to the facility. Several hundred plaintiffs alleged exposure to chemicals in the groundwater and airborne emissions from the facility and claimed to suffer a wide variety of injuries.
Prior Experience
O'Melveny & Myers LLP, 1994–2006
Senior Deputy District Prosecutor, SCAQMD, 2007–2008
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Credentials
Admissions & Qualifications
- 1995California
Education
- University of California, Los Angeles, School of LawJ.D.1994
Order of the Coif
Chief Articles Editor, UCLA Journal of Environmental Law & Policy
Comment Editor, UCLA Law Review
American Jurisprudence Award: Constitutional Criminal Procedure
- Stanford UniversityM.S.1991
- Stanford UniversityB.S., Biological Sciences1990