Environmental Law Blog
SWRCB Releases Draft of New Storm Water Industrial General Permit
February 17th, 2011
The State Water Resources Control Board (the Board) has released its draft NPDES Industrial General Permit (draft Industrial General Permit). Under the federal Clean Water Act (CWA), discharges to waters of the United States are prohibited unless in…
Read More
Tags: Michael Einhorn
Cities Prepared For California’s New Green Building Code
December 2nd, 2010
As many of California’s cities have adopted green building ordinances over the last several years, the state’s new Green Building Standards Code, to be added to the building standards code on January 1, 2011, is not likely to hinder development i…
Read More
10th Circuit Holds That EPA May Change Tentative Interpretation of Regulation without Following Procedural Requirements of the Administrative Procedure Act
November 30th, 2010
In United States v. U.S. Magnesium, No. 08-4185, the 10th Circuit United States Court of Appeals addressed whether failure to comply with the notice and comment procedures of the Administrative Procedure Act (“APA”) precluded the United States En…
Read More
EPA and DOT Propose To Regulate Greenhouse Gas Emissions For Heavy Trucks
November 1st, 2010
Responding to a Presidential directive to take coordinated steps to produce a new generation of clean vehicles, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) announced last week the first ever national…
Read More
California Proposes To Regulate Nanomaterials as Chemical Substances
October 12th, 2010
Nanotechnology, the study of the controlling of matter on an atomic and molecular scale, promises a number of benefits to society. If current trends in manufacturing are any indication, this emerging technology is here to stay. The August 21, 2008 Pr…
Read More
Ninth Circuit Grants Non-Settling PRPS a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree
September 24th, 2010
In United States, et al. v. Aerojet General Corp, et al. (606 F.3d 1142; 2010 U.S. App. LEXIS 11131), the United States Court of Appeals for the Ninth Circuit held that non-settling Potentially Responsible Parties (“PRPs”)(referred to by the cour…
Read More
California Releases Proposed Green Chemistry Regulation
September 16th, 2010
On September 14, 2010, California’s Department of Toxic Substances Control (“DTSC”) released the Green Chemistry Proposed Regulation for Safer Consumer Products, also known at the “Green Chemistry” regulations. DTSC’s adoption of the regu…
Read More
Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107
September 16th, 2010
In City of Colton v. American Promotional Events Inc.-West, et al., No. 06-56718 (9th Cir. Aug. 2, 2010), the Ninth Circuit considered the issue of whether a CERCLA plaintiff’s failure to establish liability for its past costs precludes its bid to…
Read More
Tags: Michael Einhorn
EPA Publishes Case Study of Solar Farm Located on Sacramento, CA Superfund Site
August 24th, 2010
The Aerojet General Corp. Superfund site (“Site”), located in Sacramento County, is 5,900 acres and located roughly ½ mile from the American River. Aerojet acquired the property in 1953 to develop, manufacture, and test liquid and solid propella…
Read More
Tags: Michael Einhorn
DTSC Releases Draft “Green Chemistry” Regulations on June 23, 2010
August 6th, 2010
On June 23, 2010, DTSC released its anxiously anticipated draft regulations implementing AB 1879, the 2008 Green Chemistry Initiative law intended to “accelerate the quest for safer products.” California Health & Safety Code section 25252 (AB…
Read More
Tags: Mary E. Wilke