Legal Triumphs by State

a map of the United States with an inset map of colorado, into which pins are placed to indicate the places in which Weiner & Cording have won significant cases

Chukchi Sea

Suit to compel the U.S. Fish & Wildlife Service to promulgate the incidental take regulations to protect polar bear and walrus.

Chukchi Sea

Suit to compel the U.S. Fish & Wildlife Service to promulgate the incidental take regulations to protect polar bear and walrus.

Arctic National Wildlife Refuge

Successful lawsuits prevented oil and gas lease sales (Camden Bay and Demarcation Point) in Alaska waters off the coast of the Arctic National Wildlife Refuge. Had oil activity commenced, there would have been incredible pressure to permit more oil drilling around and in the Arctic Refuge, America’s pristine Serengeti on the Arctic Ocean.

Boise, ID

Successful suit compelled a fishing equipment company to reduce the toxic chemicals it used.

Bear Lake: Bear Lake, UT/ID Border

Lawsuit brought under the Clean Water Act led to an agreement among farmers, power company, and Bear Lake Watch to stabilize the lake levels. Famed football great Merlin Olsen played the key mediation role.

Syracuse, NY

Fifty-five complaints filed in 1986-87 against election officials to compel them to register college students to vote

Bronx, New York

Obtained a second temporary restraining order (TRO) to stop the infamous Long Island Garbage Barge from landing in the Bronx. This was in the early days of the recycling movement and increased awareness of the nation’s garbage crisis and the need for recycling alternatives.

Brooklyn, NY

Third TRO obtained to halt the Garbage Barge. Witnesses at trial included Barry Commoner and Paul Connett to help promote recycling alternatives to landfilling.

Brooklyn, N.Y.

My second lawsuit slowed and ultimately halted New York State’s approval of one of the nation's largest (polluting) urban trash burners, known as the Brooklyn Navy Yard incinerator. This case challenged and caused the disqualification of the hearing judge due to his conflicts of interest.

Hauppauge, NY

First TRO obtained to keep the Garbage Barge from unloading its contents in New York State, due to the presence of infectious waste aboard.

Hotchkiss, CO

MacAlpine v. Hopper: First Colorado case to find that pesticide drift poses a trespass on neighbor’s property, with Hotchkiss, Colo. sprayer sentenced to jail.

Salida, CO

McKenna v. Judd Fine Homes: Injunction granted to pay for construction of massive retaining wall to protect our client’s home downhill from Salida, Colo. “landside house.”

Paonia, CO

Lawsuit for the wrongful death of a Paonia mother who fell down a flight of stairs that possessed no handrail. The case was brought on behalf of her estate and her adult heirs, and settled for $500,000.

Colorado Springs, CO

The Colorado Supreme Court rules in our favor that Colorado Springs does not have sovereign immunity from remediating its coal tar contaminants that polluted our client’s arts and yoga center.

La Junta, CO

Lawsuit under the Community Right-to-Know Act compelled a manufacturer to reduce its pollution by baking, rather than spraying, its paint onto school lockers.

Fountain, CO

Pontius v. Aspen View Homes: Settlement funds repair back yards of ten adjacent homeowners in Fountain, Colo. due to developers’ low-grade work.

Jackson, CO

Lawsuit compelled county to abandon trash incineration plans and institute recycling program.

Boulder, CO

Aerial application of herbicide (Tordon) challenged. Future helicopter spraying halted a year after suit.

Boulder, CO

Aerial application of herbicide (Tordon) challenged. Future helicopter spraying halted a year after suit.

Denver, CO

Class action toxic tort lawsuit required smelting company to remediate approximately 300 residential properties in north Denver contaminated with arsenic, and pay damages to residents.

Milliken, CO

After a five-day jury trial in Greeley, Colorado, seven jurors found Suncor Energy Pipeline Company in breach of contract and awarded $866,000 to the owners of Arborland Nursery.

La Salle, CO

After the largest leaking underground storage tank (“LUST”) incident ever reported in Colorado, we successfully sued to compel the responsible oil company to settle with four families.

New Raymer, CO

Lawsuit compelled oil exploration companies that excessively trampled sensitive grasslands to pay damages to landowners.

Saba, Netherlands Antilles

Articles and successful legal campaign kept a “trash reef” comprised of Philadelphia’s garbage from despoiling the Saba Bank, a premier diving and fishing grounds. “I thank [Randall] for his vigilance,” says columnist William Steif in The Daily News of the Virgin Islands, May 24, 1988.

Randall Weiner and his fantastic team worked tirelessly on my case and handled it with the highest level of professionalism throughout the entirety of my case. At all times, I felt they had my best interest at heart. Randall and his team are extremely knowledgeable and his experience was extremely beneficial in working with the opposing counsel from the insurance company. Every phone call and email was returned and answered quickly. I would highly recommend this firm!
Janette Idrees

Description of Major Cases:

C. de Baca v. ASARCO, Inc.: Class action toxic tort lawsuit successfully settled on the eve of trial in 1999. Mining concern agreed to remediate approximately 300 residential properties in north Denver contaminated with arsenic, and pay damages to residents. Settlement value: $12.3 million.

Smokebrush Foundation, et al. v. City of Colorado Springs:  The Colorado Supreme Court found that Colorado Springs could be sued under the Governmental Immunity Act for allowing cancer-causing contaminants to migrate to a wellness center owned by the Smokebrush Foundation for the Arts.  The City unsuccessfully argued that it could not be sued for contamination from its 100-year-old coal gasification plant under the sovereign immunity doctrine.  After the Supreme Court’s ruling, the City agreed to remediate our clients’ property and pay $500,000.  Published at 410 P.3d 1236 (Colo. 2018).

MacAlpine and Bilchak v. Hopper:  Colorado’s first and only case to impose a permanent injunction to reduce the potential for pesticides to drift onto a neighbor’s land.  The court ordered Mr. Hopper to cease spraying beyond a setback on his own property due to repeated instances of Malathion trespass.  During the litigation, defendant Hopper was found in contempt, and ordered to pay a fine and spend two days in jail for ignoring the Court (although the order for jail time was subsequently lifted due to the defendant’s poor health).  Macalpine v. Hopper, No. 10CV220 (Delta County Dist. Ct. Jul. 5, 2012).

Neighbors for a Toxic Free Community v. Vulcan Materials Co.: First reported decision in the nation under the Emergency Planning provisions of the Emergency Planning and Community Right-to-Know Act. Company’s failure to notify local agencies after its rail car spill of hydrochloric acid prompted the evacuation of 200 families and opened the door to a successful citizen suit by the residents. Published at 964 F.Supp. 1448 (D.Colo. 1997).

Trustees for Alaska v. State of Alaska: Two successful challenges of an oil and gas lease sale in state waters off the coast of the Arctic National Wildlife Refuge. Decision compelled a pre-lease sale analysis of the risks of transporting oil to market and a review of potential archeological and seismic impacts under the state’s coastal zone management program. Published at 795 P.2d 805 (Alaska 1990) and 851 P.2d 1340 (Alaska 1993).

Lopez, et al. v. Duke & Long Distributing Company, et al.: After the largest leaking underground storage tank (“LUST”) incident ever reported in Colorado, four families in La Salle settled this action in 2005 against Circle K, Conoco-Phillips, Inc. and other companies. Settlement value: subject to confidentiality agreement.

Idaho Sporting Congress v. Computrol: Held that the Community Right-to-Know Act authorizes citizen suits for wholly past violations and allowed suit against fishing equipment company to proceed. Published at 952 F.Supp. 690 (D. Idaho 1996).

Trustees for Alaska v. Lujan: Federal approval of oil drilling which jeopardized Alaska’s Beaufort Sea polar bear population was challenged under the Marine Mammal Protection Act based on the oil companies’ lack of “incidental take” authority. Soon after the suit was filed, fifteen oil companies and their contractors asked the U.S. Fish & Wildlife Service to promulgate the incidental take regulations at issue.

ARCO v. Coastal Policy Council: Represented the Native village of Kaktovik, located off the coast of the Arctic National Wildlife Refuge, in an attempt to protect whaling through the imposition of restrictions on proposed oil development.

NYPIRG v. Town of Islip (and related lawsuits): Suit to nullify State arrangement which permitted Islip to expand environmentally unsound landfill in return for accepting the infamous Islip “Garbage Barge” trash. Three preliminary injunctions obtained requiring inspection of the Garbage Barge’s contents and prohibiting its unloading in Nassau County, Queens and Brooklyn, New York. Trial in Brooklyn increased national awareness of the urban garbage crisis and recycling.

NYPIRG v. Williams: These rulings slowed and ultimately halted state approval of one of the nation’s largest (polluting) urban incinerators which would have been placed at the Brooklyn Navy Yard. Rulings compelled the disqualification of the hearing officer due to his conflicts of interest. Published at 506 N.Y.S.2d 509 (N.Y. Sup. 1986), aff’d, 511 N.Y.S.2d 864 (N.Y.A.D. 1st Dept. 1987).

Groark v. Romeo: Fifty-five complaints filed in 1986-87 against election officials to compel them to register college students to vote. The trial court reversed one-third of the challenged decisions in 1986. In 1987, all complaining students (approx. 30) were awarded the right to vote. The New York State appellate court decision further relaxed the residency requirements for voting by college students. Published at 521 N.Y.S.2d 900 (N.Y.A.D. 4th Dept. 1987).

Randall Weiner and his incredible team worked tirelessly to get a total of nine homeowners justice against a builder and their trades people who clearly did not care about the end result but were only out here building for the dollar. Without Randy and his team who knows where we would be. They are easy to work with and very accommodating when you have a large group of people involved. I highly recommend this firm to anyone looking for a fair and honest law firm to represent them!
D L

 3100 Arapahoe Ave., Ste 202 Boulder, CO 80303 | rhianna@randallweiner.com | 303-440-3321

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