Norman Dupont

Norman Dupont
Phone: (949) 202-5818
Location: 3150 Bristol Street, Suite 220, Costa Mesa, CA 92626
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Norman Dupont

Partner

Norman (Norm) Dupont is a partner at Ring Bender, where he advises public and private clients in environmental matters and a variety of litigation matters.  Mr. Dupont has over 38 years experience in the environmental law field, including the Comprehensive Environmental Response, Compensation & Liability Act (“CERCLA”), the Resources Conservation and Recovery Act, amendments to the Solid Waste Disposal Act (“RCRA”), the Clean Water Act, the Porter-Cologne Water Quality Control Act, Proposition 65 claims, brownfield redevelopment projects, California Hazardous Substance Account Act (HSAA) claims, stormwater discharges from MS4 systems, and suits alleging common law tort or toxic tort claims.

Mr. Dupont has tried a variety of cases including environmental, antitrust, contract, labor and tort cases both in bench trials and juries. Among his recent cases are:

*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 Proposition 65 case involves claims against 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 The Superior Court granted the writ, and the Regional Board subsequently rescinded its order in lieu of any appeal.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): Mr. 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 (2011-2022): 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): Mr. 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.

Mr. Dupont is the Publications Officer for the Section of Environment, Energy and Resources of the ABA where he supervises all publications of the Section. He also serves on the ABA Standing Committee on Publications Oversight and on the separate ABA Cybersecurity Task Force. He is a member of the Orange County Bar’s environmental law section.

Mr. Dupont actively participates in his community. He currently serves on the Board of Directors for Women Against Gun Violence, a Los Angeles-based education and advocacy group which supports sensible gun regulation in the country’s second largest municipal jurisdiction. Previously, Mr. Dupont served as president of his local home owners association for approximately ten years.

Mr. Dupont has written and lectured extensively on a variety of environmental issues, including recent U.S. Supreme Court cases deciding environmental law issues.

Recent Presentations:

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).

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.”

Articles:

“Chapter Z: Science and Technology 2021 Annual Report” American Bar Association Section of Environment, Energy, and Resources: The Year in Review 2021 (June 2022)

“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. __, 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)

Education

  • B.A., with Distinction, Phi Beta Kappa, Stanford University, 1975
  • J.D., magna cum laude, Georgetown University Law Center, 1978

Admissions

  • California