AB 2748: Like Lead and Methane Gas, Causation Issues Continue to Lurk

January 1, 2017

The University of the Pacific Law Review

The worst methane gas leak in United States history and one of the largest lead contamination disasters slammed two Southern California communities in The University of the Pacific Law Review / Vol. 48 515 2015. These two environmental disasters in Vernon and Porter Ranch, California, may have caused long lasting, adverse health effects. The California State Legislature sought to aid these specific victims by passing AB 2748, which would have rendered certain waivers of liability unenforceable, extended the statute of limitations to seek legal recourse, and awarded attorney’s fees to prevailing plaintiffs in private nuisance actions.3 The legislative effort to aid these victims failed as a result of the Governor’s veto. Before discussing the legal implications of AB 2748 were it enacted successfully, the remainder of the introduction sets the scene as to what happened during each environmental disaster: Part A of this section describes the events of the Exide Technologies lead contamination in Vernon, California. Part B of this section describes the details of the Aliso Canyon methane gas leak in Porter Ranch, California.

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