Environmental Law Blog
State of California v. Continental Insurance: California Supreme Court Ruling Paves the Way for “Stacking” Multiple Insurance Policy Limits in Response to Certain Environmental Cleanup Claims
August 30th, 2012
On August 9, 2012, in State of California v. Continental Insurance, S170506, the California Supreme Court applied the “all sums-with-stacking” rule to allow the State of California to “stack” the policy limits of several successive insurance…
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Tags: John Edgcomb
Oregon District Court holds that NEPA requires further analysis of cumulative impacts in use of herbicides for controlling invasive species under Forest Service management plan.
August 23rd, 2012
In League of Wilderness Defenders/Blue Mountains Biodiversity Project v. United States Forest Service, No. 3:10-CV-01397-SI (D. Ore. Jun. 29, 2012)[link to PDF available here], the District Court for the District of Oregon – Portland Division consi…
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ELG wins Summary Judgment for CNA in Asarco’s $33M CERCLA Contribution Claim Suit
June 29th, 2012
On June 6, 2012, U.S. District Judge William Alsup granted summary judgment to ELG client CNA Holdings, LLC (“CNA”) in a CERCLA § 113(f) contribution suit brought against it by Asarco LLC. COURT ORDER Asarco filed the suit in 2011 against CNA, a…
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Tags: John Edgcomb
Supreme Court Gives Landowners Right to Pre-Compliance Judicial Review of Clean Water Act Orders Issued by US EPA in Sackett v. EPA
March 27th, 2012
In a highly anticipated decision, the United States Supreme Court has ruled unanimously that the Clean Water Act (CWA) allows parties to seek and obtain judicial review of administrative compliance orders issued by US EPA under its authority. The Cou…
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Tags: Ladd Cahoon
DTSC Delays California Green Chemistry Initiative Implementation
September 1st, 2011
Implementation of California’s Green Chemistry Initiative titled “Safer Consumer Product Alternatives” has been delayed indefinitely beyond the January 1, 2011 statutory adoption deadline. The deadline was established by California Assembly Bil…
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Categories: Green Chemistry
Tags: Mary E. Wilke
Ninth Circuit Holds That Dry Cleaning Equipment Manufacturer Is Not Liable as an Arranger under CERCLA or on State Law Nuisance and Trespass Claims
August 11th, 2011
In Team Enterprises, LLC v. Western Investment Real Estate Trust, No. 10-16916, 2011 U.S. App. LEXIS 15383 (9th Cir., Cal. July 26, 2011), the Ninth Circuit held that the manufacturer of a machine used in the dry cleaning process may not be held liab…
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Tags: Michael Einhorn
District Court In Alabama Dismisses CWA Citizen Suit Claims Where 60-Day Notice Letter Fails To Identify Correct Date Of Alleged Violation Washington Supreme Court Holds Investigation Costs Qualify As Remedial Costs Even When No Cleanup Is Required, But Prevailing Party Status Determination Was Premature District Court In California Denies Defendant’s Motion To Dismiss CWA Citizen Suit, Finding 60-Day Notice Letter Sufficient And Claims Adequately Alleged
August 11th, 2011
The California Fourth District Court of Appeal, in Citizens for a Responsible Equitable Environmental Development v. City of Chula Vista (June 10, 2011), remanded a lawsuit challenging the City of Chula Vista’s (“City”) decision to approve the…
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Tags: Mary E. Wilke
Court of Appeal Requires Strict Compliance with CEQA 30-Day Public Notice Requirements
July 27th, 2011
The California Court of Appeal, in Latinos Unidos De Napa v. City of Napa, 196 Cal. App. 4th 1154 (June 27, 2011), held that the City of Napa (“City”), which filed a CEQA Notice of Determination (“NOD”) with the County Clerk’s office, did n…
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Tags: Mary E. Wilke
United States Supreme Court Holds that the Clean Air Act Displaces Federal Common Law Public Nuisance Law and Prohibits Nuisance Claims Against Carbon-Dioxide Emitters
June 30th, 2011
On June 20, 2011, the United States Supreme Court held in an 8-0 decision that the Clean Air Act (Act) 42 U.S.C. §7401 et seq., and the Environmental Protection Agency action it authorizes, displace federal common law public nuisance claims against…
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Supreme Court Denies GE’s Petition on Suit Challenging Constitutionality of EPA’s Unilateral Administrative Order Authority
June 17th, 2011
On June 6, 2011, the Supreme Court denied a petition for certiorari by General Electric (GE) to hear the appeal of General Electric v. Jackson, a lengthy case in which GE had unsuccessfully challenged the constitutionality of the Comprehensive Enviro…
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Tags: Michael Einhorn