Environmental Law Blog
Second Circuit Holds That Single-Remediation Principle for CERCLA’s Statute of Limitations Does Not Apply in All Circumstances
August 7th, 2020
In a new opinion applying CERCLA’s statute of limitations, the Second Circuit held in MPM Silicones, LLC v. Union Carbide Corp. (2020 U.S. App. LEXIS 23060) that the Circuit’s “single-remediation principle” does not categorically apply in all…
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District Court In California Denies Defendant’s Motion To Dismiss CWA Citizen Suit
January 22nd, 2018
In Coastal Envtl. Rights Found. v. Am. Recycling Int’l, Inc., 2017 U.S. Dist. LEXIS 202649 (SD CA, December 8, 2017), the District Court denied defendant’s Motion to Dismiss plaintiff’s claims brought under the citizen suit provision of the Cle…
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Tags: Nancy Wilms
Washington Supreme Court Holds Investigation Costs Qualify As Remedial Costs Even When No Cleanup Is Required, But Prevailing Party Status Determination Was Premature
January 22nd, 2018
In Douglass v. Shamrock Paving, Inc., 2017 Wash. LEXIS 1149 (December 21, 2017), the Washington Supreme Court held that soil testing conducted by a landowner qualified as a “remedial action” under the state’s Model Toxics Control Act
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Tags: Tiffany Hedgpeth
District Court In Alabama Dismisses CWA Citizen Suit Claims Where 60-Day Notice Letter Fails To Identify Correct Date Of Alleged Violation
January 22nd, 2018
In Black Warrior Riverkeeper, Inc. v. Metro Recycling, Inc., 2017 U.S. Dist. LEXIS 207011 (ND AL, December 18, 2017), the District Court granted defendant’s Motion to Dismiss plaintiffs’ claims brought under the citizen suit provisions of the Cle…
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Tags: Nancy Wilms
ELG wins a Writ of Administrative Mandate for client in Marin County
October 7th, 2016
On September 19, 2016, Marin Superior Court Judge Paul M. Haakenson granted judgment in favor of ELG’s client, the Point San Pedro Road Coalition (“Coalition”), on its Petition for a Writ of Administrative Mandate (“Petition”). (See decisio…
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Tags: Mary E. Wilke
DTSC Lists First Three Draft Priority Products Pursuant to Safer Consumer Products Regulations
September 4th, 2014
In August 2013, after five years of joint effort among manufacturers, consumers, environmentalists, and the Department of Toxic Substances Control (DTSC), the Safer Consumer Products regulations (Regulations), previously known as the Green Chemistry…
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Categories: Green Chemistry
Tags: Mary E. Wilke
Ninth Circuit Holds That Expert Opinion Regarding Source Of Perchlorate Passes Daubert Test, Reinstates Expert Testimony; Upholds Denial Of Defendant’s Summary Judgment Motion On Statute Of Limitations And “Economic Loss Rule” Issues
August 12th, 2014
The Ninth Circuit issued an opinion on May 2, 2014 reversing the district court for the Central District of California regarding the admissibility of the opinion offered by the plaintiff’s expert regarding the source of perchlorate contamination in…
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Categories: Environmental Litigation
Tags: Michael
Ninth Circuit Holds District Courts Must Engage In An Independent Substantive Evaluation Of CERCLA Consent Decrees And May Not Afford A State Agency The Same Level Of Deference As EPA
August 8th, 2014
In State of Arizona v. Raytheon Co.. et al., Case No. 12-15691, 2014 U.S. App. LEXIS 14993 (9th Cir. Aug. 1, 2014), the Ninth Circuit reaffirmed the requirement that district courts engage in meaningful substantive review of consent decrees under the…
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Categories: CERCLA
Tags: Michael Einhorn
District Court Holds that Prior CERCLA § 107(a) Cost Recovery Action Against a Party Limits the Party to § 113(f)(1) Contribution Claim in Subsequent Action
March 12th, 2014
The District Court for the Central District of California recently held in an unpublished opinion that a party cannot bring a CERCLA § 107(a) cost recovery action for response costs which relate to a common liability shared with an earlier § 107(a)…
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Tags: Michael Einhorn
California Governor Signs Bill To Limit Certain Prop. 65 Lawsuits
October 10th, 2013
Governor Jerry Brown recently signed into law Assembly Bill 227 (Gatto) to provide a two-week grace period to address certain alleged violations of failure-to-warn requirements under Proposition 65. In addition to the previously required “60-day”…
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Tags: Michael Einhorn