Norman Dupont

Representative Matters

• City of Riverside v. Rubidoux Community Services Dist. (2017-ongoing): This breach of contract claim turned on environmental issues including new regulations of the discharge of treated wastewater by a regional wastewater treatment facility located in Riverside California. A bench trial was held in 2017-2018. Ring Bender (Patrick “Kit” Bobko, Norm Dupont and Jay Tufano) then completed appellate briefing in April 2023. The case is now waiting for oral argument and a decision before California’s Fourth Appellate District, Division 3.
• Bradford v. City of Compton (2016-2022):Jury trial with a defense verdict in favor of municipal defendant on labor discrimination/retaliation claims. After remand from the Court of Appeal, a second trial resulted in verdict for plaintiff. In October 2021, the Court of Appeal reversed the jury verdict and thereby remanded the case for further proceedings.  In January 2022, the California Supreme Court denied Plaintiff’s petition for review. In June 2022, the California Court of Appeal granted a summary reversal of an award of attorneys’ fees to plaintiff’s lawyers in the second trial.
• Center for Environmental Health v. Easy Spirit LLC (2022):This California state case is based on Proposition 65 and involves claims against licensors, manufacturers, retailers, and distributors of socks that allegedly contain a compound known to the State of California to be a listed toxicant.
• Edwards Lifesciences LLC v. Regional Water Quality Control Board (2020):Writ of administrative mandate challenging order issued by Regional Board in 2018 concerning real property in Orange County. The Superior Court granted the writ, and the Regional Board subsequently rescinded its order in lieu of any appeal.
• Hermosa Fitness LLP v. City of Hermosa Beach (2020-2021): Dupont served as co-counsel to plaintiff, which filed a writ of administrative mandate in state court together with a federal court section 1983 civil rights claim against the City of Hermosa Beach after a municipal resolution effectively closed Hermosa Fitness’ gym operating in the City. The writ of mandate was issued by the trial court, and the federal section 1983 case was mediated before a federal magistrate judge in the Central District of California and was settled in 2021.
• Orange County Water Dist. v. SABIC Innovative Plastics US, LLC (2011-ongoing):In 2013 an initial bench trial resulted in a defense verdict on state Superfund (HSAA) claims alleging groundwater against multiple corporate defendants. This decision was reversed in part by Orange County Water Dist. v. SABIC Innovative Plastics, US, LLC, 14 Cal.App.5th 343 (2017) and remanded back to the trial court. Currently a bench trial is proceeding before the Orange County Superior Court (Complex Civil Division).
• Vazquez v. City of Pomona and Dennis Cooper (2021-2022): Dupont served as co-counsel with Mr. Bobko of the firm for an individual defendant in the City’s police department, Captain Cooper, in a combined employment and tort case. In June 2022, the trial court granted summary judgment to defendant Cooper.

Professional Affiliations

• ABA Publication Officer for the Section of Environment, Energy and Resources
• ABA Standing Committee on Publications Oversight
• ABA Cybersecurity Task Force
• Orange County Bar’s Environmental Law Section
• Women Against Gun Violence – Board of Directors
• Local Home Owners Association – Past President for approximately ten years

Recent Presentations

• Presentation to Section of Environment, Energy & Resources Law – Membership Diversity & Enhancement Program (March 2023): “SEER Publications – An Overview” (with Matthew J. Sanders)
• Presentation to Oregon School of Public Health – Environmental Law (March 2023): “OHSU-PSU: Environmental Law of Public Health Class”
• Guest Lecturer at California Western Law School – Environmental Law Class (February 2023): “Environmental Law CERCLA Superfund HSAA: Old wine in new bottles?”
• Presentation to California Independent Cities Association – Winter Seminar Session No. 3 (February 2023): “PFAS and Municipal Liability: Where there is PFAS smoke there is litigation fire.”
• Presentation to the Orange County City Attorneys (July 2022): “PFAS Compounds in Water – California Update” (presented with John Shaffer of EEC Environmental).
• Association for Environmental Health & Sciences Foundation: 31st Annual International Conference on Soil, Water, Energy, and Air (March 2022): Regulatory Programs & Policies II – “Science and ‘Transparency’”
• Presentation to the Orange County City Attorneys (February 2022): “A Brave New (Environmental) World” (presented with Patrick “Kit” Bobko).
• Guest Lecturer at USC Gould School of Law, LAW 225: Toxic Torts Seminar (January 2022) – Guest lecturer on current water contamination cases.
• Association for Environmental Health & Sciences Foundation: 30th Annual International Conference on Soil, Water, Energy, and Air (March 2021): Regulatory Cost-Benefit Policy – “A Study in Turmoil or Pushing A Rock Uphill (Again).”
• The Knowledge Group (June 2018): “2018 and The Brave New World”:  Federalism for Some; SACM v. SWAMPUM and taking the dusty Gopher”
• Association for Environmental Health & Sciences Foundation: 28th Annual International Conference on Soil, Water, Energy, and Air (March 2018): “Groundwater Contamination Wars in California – Legal & Technical Issues.”
• The Knowledge Group (April 2018): “A Comprehensive Guide on the Fundamental Framework of CERCLA: What You Need to Know in 2018 and Beyond.”

Publications

• “Book Review: Global Climate Change and U.S. Law (3d ed.)” American Bar Association Section of Environment, Energy, and Resources: Trends Vol. 54, No. 5 (May/June 2023)
• “A Global Perspective or Domestic Chicanery? EPA’s New Aircraft Rule” American Bar Association Section of Environment, Energy & Resources: Natural Resources & Environment, Vol. 37, No. 4 (Spring 2023) (co-authored with Sage P. Ertman of Ring Bender LLP).
• “It don’t mean a thing if it ain’t got that [rulemaking] swing: The lack of enforceable environmental justice at EPA” American Bar Association Section of Environment, Energy, and Resources: Trends Vol. 54, No. 3 (January/February 2023)
• “ABA: SEER, environmental justice, and diversity – Toward implementing the 2021 ABA Resolution” American Bar Association Section of Environment, Energy, and Resources: Trends Vol. 54, No. 1 (September/October 2022)
• Science & Technology Committee Chapter for ABA Section of Environment, Energy & Resources Year in Review (2021 ed.)
• “EPA’s first regulation of greenhouse gas emissions from aircraft—Is it the emperor’s new clothes?” American Bar Association Section of Environment, Energy, and Resources: Trends Vol. 53, No. 3 (January/February 2022) (co-author with David Hori of Ring Bender LLP)
• “Justice Kennedy and environmental water cases: A pragmatic approach to water from a Western perspective” American Bar Association Section of Environment, Energy, and Resources: Trends, Vol. 50, No. 1 (September/October 2018)
• “The New Role of States and Provinces in International Environmental Treaties and Implementation” American Bar Association Section of Environment, Energy & Resources: Natural Resources & Environment, Vol. 32, No. 4 (Spring 2018)
• “Severe Storms May Be the “New Normal”: But How Do Legal Systems React?” American Bar Association Section of Environment, Energy, and Resources: Science and Technology Committee Newsletter, Vol. 12, No. 1 (November 2016)
• “Supreme Court Decides Rails to Trails Case: A New Governmental Attorney Estoppel Doctrine or a Case of Revisionist History?” American Bar Association Section of Environment, Energy, and Resources: Trends, Vol. 45, No. 6 (July/August 2014)
• “Complex Environmental Cases Before the Supreme Court: Just How Do You Explain the ‘Spaghetti-Like’ Matrix?” American Bar Association Section of Environment, Energy, and Resources: 43rd Annual Spring Conference (2014)
• “The Court’s 2013 Term and Environmental Law: A Whimper, Not a Bang” American Bar Association Section of Environment, Energy, and Resources: Trends, Vol. 25, No. 1 (September/October 2013)
• “Federal Preemption of State and Local Environmental Laws” (Chapter 7, Principles of Constitutional Law, American Bar Association) (2011)
• “Connecticut v. AEP: The Second Circuit Confirms Standing of States, the City of New York, and Private Land Trusts” American Bar Association: Constitutional Law Committee Newsletter, Vol. 6, No. 1 (February 2010)
• “The Supreme Court’s environmental case this term: Will it be a ‘takings’ away of beach restoration?” American Bar Association Section of Environment, Energy, and Resources: Trends, Vol. 32, No. 2 (December 2009)
• “Supreme Court Sticks to the Narrow Issues on Environmental Cases” (Los Angeles Daily Journal) (June 2009)
• “Moving At A Glacial Pace” (Los Angeles Daily Journal) (June 2009)
• “NEPA and Climate Change: Are We at the “Tipping Point?” American Bar Association Section of Environment, Energy, and Resources: Natural Resources & Environment, Vol. 23, No. 4 (Spring 2009)
• “Supreme Court Rules on Federal Preemption of State Unfair Practices Act: A Renewed Constitutional Presumption Against Preemption” American Bar Association: Constitutional Law Committee Newsletter (2009)
• “The Ninth Circuit’s Burlington Northern Decision on Arranger Liability – Don’t Cry ‘CERCLA’ over Spilt Bourbon?” American Bar Association: Environmental Litigation & Toxic Torts (2008)
• “High Court Leans Left on Environmental Issues” (Massachusetts v. EPA, 127 S. Ct. 1438) (2007)
• “The Dormant Commerce Clause and United Haulers – A Constitutional Doctrine on Terminal life Support” (United Haulers Assoc., Inc. v. Oenida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 127 S. Ct. 1786 (2007) United Haulers)
• “Who’s Really Blowing Smoke – Scalia Needs a New Dictionary” The Recorder (2007)
• “Rapanos and the Ebbing of the Constitutional ‘high water’ Mark for the Commerce Clause Limitation on Federal Wetlands Regulation” (Rapanos v. U.S., 126 S. Ct. 2208, 2220-21) (2006)
• “‘Plain Meaning’ Construction of Environmental Statutes” American Bar Association Section of Environment, Energy, and Resources: Natural Resources & Environment, Vol. 21, No. 2 (Fall 2006)
• “9th Circuit Sticks to the Clean Water Pragmatism of ‘Rapanos’” (Rapanos v. U.S., 126 S. Ct. 2208, 2220-21) (2006)
• “Ruling Hints Roberts Court Isn’t Hide-Bound Conservative” Los Angeles Daily Journal (2006)
• “New Orleans After Katrina: A Superfund Site?” American Bar Association Section of Environment, Energy, and Resources: Natural Resources & Environment (Spring 2006)