Atlantic Richfield Company, et al. v. County of Santa Clara, California, et al.

Cert. was not granted in this case.

NCLC urged the Supreme Court to review a California decision that allowed the County of Santa Clara to outsource the state’s public nuisance claim against lead manufacturers to private attorneys on a contingent fee basis. NCLC argued in its brief that state and local governments are abusing contingent fee agreements to meet budget requirements, and that the agreements raise serious constitutional questions. NCLC warned that contingent fee litigation places perverse incentives on the just enforcement of law, as evidenced by recent high profile "pay-to-sue" corruption scandals.

The Supreme Court declined to review this case.

Amicus brief supporting cert. filed 11/26/10. Cert. denied 1/10/11.