The Invisible Threat Beneath the Streets of Southeast San Francisco
You live in Bayview-Hunters Point or Candlestick Point because it is your home, but for years, you have been told conflicting stories about the very ground beneath your feet. You see the construction at Candlestick Point, the dust rising from the megaprojects, and the growing number of your neighbors who struggle to breathe or face devastating cancer diagnoses. The slogan “Bayview-Hunters Point Can’t Breathe” is more than a protest; for many of you, it is a daily, physical reality.
When you are facing a health crisis, or watching a loved one undergo treatment for leukemia or chronic respiratory illness, the technical jargon of environmental remediation feels like a wall built to keep you from the truth. We are here to tear that wall down. We are a trial firm that takes California cases, and we know that the radioactive and chemical contamination at the Hunters Point Shipyard is not just a regulatory failure—it is a betrayal of public trust.
If you are suffering, we want you to know that your health concerns are valid. The “invisible” nature of radiation or chemical seepage does not make the harm any less real in a court of law. We work to hold the massive corporations and government entities responsible for what they left behind and what they tried to hide.
The Hunters Point Shipyard: A Legacy of Contamination
The history of the Hunters Point Shipyard is a history of industrial and military activity that prioritized output over the safety of the people living next door. As a designated EPA Superfund site, the shipyard carries a burden of toxins that require surgical precision to remove—precision that we believe was replaced by corporate greed and negligent oversight.
The Naval Radiological Defense Laboratory formerly operated on this site, leaving a footprint of Radium-226 and Cesium-137. These are not just names on a periodic table; they are radioactive isotopes that can remain in the soil and groundwater for decades. When the soil is disturbed by massive development projects, like the work currently proceeding at Candlestick Point, these toxins can become airborne as dust, entering your lungs and your homes.
“The Project’s reliance on it is unlawful; it employs an improper review tier; its mitigation measures are deferred, unenforceable, and weaker than those of the prior environmental impact report (EIR) without justification; the environmental analysis of biological resources, land subsidence, and water quality is inadequate and unsupported.”
The quote above, from ongoing litigation involving water transfers and environmental review, echoes the same failures we see at Hunters Point: inadequate review, deferred mitigation, and a failure to protect the most vulnerable.
Your Rights Under California Toxic Tort Law
Moving through the legal system in California requires a specific understanding of how our state handles environmental harm. We focus on several key pillars of law to build your case:
- California Code of Civil Procedure Section 340.8: This is the statute of limitations for toxic torts. In California, you generally have two years from the date you become aware—or reasonably should have been aware—of your injury and its negligent cause. Because symptoms from radiation exposure can take years to manifest, the “discovery rule” is your most vital protection. It means the clock shouldn’t start until you connect your illness to the shipyard.
- The California Environmental Quality Act (CEQA): This law mandates that developers and the City must perform full environmental impact reports. Protesters at City Hall are rightfully demanding a moratorium on new construction because many believe the current reports for projects like Candlestick Point are based on falsified or inadequate data.
- Proposition 65: This California law requires businesses to provide clear and reasonable warnings before knowingly and intentionally exposing anyone to chemicals known to cause cancer or reproductive toxicity.
Identifying the Liable Parties: The Shell Game of Responsibility
In a toxic-tort-lawyer action of this scale, the defendants will always try to point the finger at someone else. We work to pin them down by looking at the specific roles they played in this crisis:
- Tetra Tech EC, Inc.: This is the contractor responsible for soil testing and remediation. They face serious allegations of fraudulent data and falsified soil samples. When a company hired to clean a site allegedly fakes the results to make it look safe, that is more than negligence—it is fraud.
- The United States Department of the Navy: As the original polluter, the Navy is responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for ensuring the cleanup is adequate.
- Lennar Corporation and FivePoint Holdings: These are the developers of the Candlestick Point and Shipyard projects. Building luxury housing on land that may still be toxic puts every worker and every future resident at risk.
- The City and County of San Francisco: The City has a duty to protect its citizens through proper zoning and negligent oversight of these projects. When they greenlight development on a Superfund site without verified decontamination, they are failing their most basic duty.
The Science of the Harm: How These Toxins Destroy Health
Behind every legal block stands our commitment to the medicine and the science. When we examine a case involving the shipyard, we look at the specific pathways of exposure:
- Radiogenic Cancers: Exposure to isotopes like Cesium-137 and Radium-226 is linked to leukemia, bone cancer, and other systemic malignancies. These isotopes mimic minerals the body needs, allowing them to lodge in the bone marrow and damage DNA over time.
- Respiratory Illness: The geology of Bayview-Hunters Point includes serpentinite rock, which naturally contains chrysotile asbestos. When developers blast or dig without proper dust mitigation, they release these fibers into the air. This is why we see so many cases of severe asthma and chronic obstructive pulmonary disease in the community.
- Heavy Metal Poisoning: Lead, arsenic, and mercury have been found in the groundwater migration patterns moving toward residential zones. These toxins can cause neurological damage and organ failure.
Calculating the Value of Your Claim
We are often asked, “What is my case worth?” While individual values vary based on your specific medical diagnosis, toxic tort settlements in California have reached hundreds of millions of dollars in the past. We work with life-care planners and forensic economists to ensure your demand includes:
- Medical Monitoring: Even if you aren’t sick yet, if you were exposed, you need a lifetime of health surveillance to catch cancer early.
- Loss of Property Value: Toxic land is worth a fraction of what you were promised.
- Relocation Expenses: No family should be forced to live in a “hotspot.”
- Noneconomic Damages: This includes compensation for “cancer phobia,” emotional distress, and the physical pain you have endured.
- Punitive Damages: If we prove during discovery that these companies acted with malice or fraud by concealing test results, we will ask a jury to punish them with a number that makes them never do it again.
The Insurance Adjuster Playbook: Don’t Fall for the Traps
The insurance companies for these multi-billion-dollar developers have a playbook designed to devalue your claim. Our insurance-defense insider knowledge allows us to anticipate these moves:
- The “Naturally Occurring” Lie: They will tell you that the asbestos or radiation is naturally occurring in the rocks of San Francisco and that their construction didn’t change anything. The Counter: We use independent soil and dust samples to prove that their activity concentrated these toxins and made them breathable.
- The Recorded Statement Trap: An adjuster may call you “just to hear your side.” They are looking for you to say you felt “fine” on a certain date or that you’ve been a smoker. The Counter: Never give a statement without us. We speak for you.
- The “You’re Too Late” Bluff: They will argue that since the shipyard has been a known problem for decades, the statute of limitations has run. The Counter: California’s discovery rule is strong. The clock starts when your injury is diagnosed and linked to their failure.
Evidence Is Perishing: We Must Freeze the Proof
In environmental litigation, the evidence is highly volatile. This is why the first 72 hours after you contact us are critical.
- Whistleblower Testimony: Memories fade and employees move on or sign non-disclosure agreements. We work to identify and interview former remediation workers who saw the truth.
- Independent Sampling: Construction activity and weather patterns can shift or cover up contaminated dust. We move to get our own experts on the ground to take samples inside homes and on sites.
- Litigation Holds: We immediately send demands to the City and the developers to preserve all internal emails, Slack messages, and testing logs. If they delete them after our notice, we can ask for a “spoliation” instruction that tells the jury to assume the lost evidence was bad for the company.
Why Attorney911 is the Right Fit for Bayview-Hunters Point
We are not a faceless corporation. We are real people who believe in environmental justice.
Ralph P. Manginello is our Managing Partner. With over 27 years of practice in courtrooms, including federal court, Ralph is a competitor who hates to lose. Before he was a lawyer, he was a journalist, which means he knows how to dig for the story the defendants are trying to bury. He treats every case like a trial, and he won’t be bullied by big-city lawyers.
Lupe Peña is an associate attorney who brings a unique advantage: he used to be an insurance-defense lawyer. He sat in the rooms where these companies decide which claims to pay and which to kill. He knows the software they use to devalue your life, and he uses that knowledge to fight for you. Lupe is also fluent in Spanish and conducts full consultations in Spanish without an interpreter. Hablamos Español.
Frequently Asked Questions
How long do I have to sue for toxic exposure in California?
Under California Code of Civil Procedure Section 340.8, you generally have two years from the time you discover the injury and its cause. However, environmental cases are complex, and certain government notice requirements can be as short as six months if you are suing the City or the Navy. You should speak with a wrongful-death-attorney or injury lawyer immediately.
Can I sue if I haven’t been diagnosed with cancer yet?
Yes. If you have been significantly exposed to toxins, California law allows for “medical monitoring” claims. This ensures the defendants pay for the regular screenings and tests you will need for the rest of your life to catch potential illnesses as early as possible.
What if I am a renter and not a homeowner?
Renters have the same rights to health and safety as homeowners. If your landlord or the city failed to warn you about the toxic risks of the area, or if construction dust has made your apartment uninhabitable or dangerous, you may be entitled to damages and relocation costs.
How much does it cost to hire a toxic tort lawyer?
At Attorney911, we work on a contingency fee basis. This means we don’t get paid unless we win your case. There are no upfront costs for you. Our fee is 33.33% before trial and 40% if the case goes to trial. A free consultation is always available 24/7.
What if the company that did the testing went bankrupt?
Even if a company like Tetra Tech or a developer faces financial instability, there is usually a “tower” of insurance policies and parent companies that can be reached. Part of our job is to map out the corporate structure to find the “deep pocket” that can actually pay a judgment.
Will I have to testify against the Navy or the City?
While many cases settle before trial, we prepare every case as if it is going to a jury. You may be asked to give a deposition—a sworn statement—but we will be by your side to protect you from their lawyers’ tactics.
Can I file a claim if my child has developed asthma?
Yes. Pediatric asthma is one of the most common injuries linked to the dust and heavy metals found in the Bayview-Hunters Point area. We look at the link between construction activity and the onset of your child’s symptoms.
Is this a class action or an individual lawsuit?
We look at each situation to decide which path is best. Sometimes individual claims are consolidated into what’s called a Judicial Council Coordination Proceeding (JCCP) in California. This allows us to share resources and experts while still focusing on the specific harm done to your family.
Does it matter if I had health issues before I moved to the area?
California follows the “eggshell plaintiff” rule. This means the defendant is responsible for the harm they caused, even if you were already more vulnerable than the average person. If their toxins made your existing condition worse, they are still on the hook.
Take the First Step Toward Justice
The companies responsible for the contamination at Hunters Point have unlimited resources and teams of lawyers whose only job is to make you go away. You need a team that is just as ferocious. We work until the evidence is frozen and the truth is on the record.
Past results depend on the facts of each case and do not guarantee future outcomes, but our aggregate recoveries of over $50,000,000 prove that we know how to win high-stakes battles. Whether you are dealing with a brain-injury diagnosis or a respiratory crisis, we are ready to stand with you.
Call us 24/7 at 1-888-ATTY-911 for a free consultation. No fee unless we win. Your life, your health, and your home are worth the fight.