California Joins Jurisdictions Authorizing Punitive Damage Claims Against Polluters That Refuse To Timely Remediate Groundwater Contamination
By Bryan Barnhart*
LL.M., University of the Pacific, McGeorge School of Law
J.D., Hastings College of Law
California’s courts routinely impose punitive damages awards against polluters that knowingly release hazardous substances which contaminate groundwater. But California has been slow to follow the nationwide trend favoring punitive damages awards against polluters that knowingly fail to remediate their past hazardous releases before those releases spread and cause greater harm.