Environmental Law Blog

SWRCB Releases Draft of New Storm Water Industrial General Permit

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

Cities Prepared For California’s New Green Building Code

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

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

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

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

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

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

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

EPA Publishes Case Study of Solar Farm Located on Sacramento, CA Superfund Site

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

DTSC Releases Draft “Green Chemistry” Regulations on June 23, 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