Environmental Law Blog
Ninth Circuit Defines “Current Ownership” for Purposes of CERCLA Liability
August 5th, 2010
In Dept. of Toxic Substances Control v. Hearthside Residential Corp., No. 09-55389 (9th Cir. July 22, 2010), the Ninth Circuit has clarified the issue of whether “owner and operator” status under CERCLA is defined at the time cleanup costs are in…
Read More
Tags: Michael Einhorn
California Supreme Court Holds that Public Entities May Retain Private Counsel on a Contingency Fee Basis to Prosecute Public Nuisance Actions in Certain Circumstances
August 3rd, 2010
COUNTY OF SANTA CLARA et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY 2010 Cal. LEXIS 7241 (July 26, 2010) The California Supreme Court has held that public entities may retain private counsel on a contingency fee basis to prosecute…
Read More
Categories: Environmental Litigation
Tags: Mary E. Wilke
Reinstatement of Superfund Tax Provisions Supported By EPA
July 21st, 2010
The U.S. Environmental Protection Agency (“EPA”) announced today that it has sent a letter to Congress in support of reinstating the lapsed Superfund chemical feedstock taxes. Passed in 1980, the Comprehensive Environmental Response, Compensation…
Read More
Categories: Brownfield & Superfund
Washington State District Court Holds WDOT, the Designer and Manager of a Highway Stormwater Drainage System, Liable As An “Arranger” Under CERCLA
July 20th, 2010
A District Court in Washington has held that the Washington State Department of Transportation (“WSDOT”) is liable as an arranger under CERCLA because it designed a drainage system with the purpose to discharge highway runoff to the environment,…
Read More
Tags: Michael Einhorn
Bill Providing Incentives for Renewable Energy Development on Contaminated Sites Advances in Senate
July 13th, 2010
Senator Frank R. Lautenberg has introduced legislation, called the Cleanfields Act of 2010, to provide incentives for the private sector to develop clean energy projects on contaminated sites. In addition, Sen. Lautenberg introduced the Cleanfields I…
Read More
Tags: Michael Einhorn
Federal Court Finds Corps’ Decision To Permit Development Of Florida Wetlands Violated Federal Law
July 12th, 2010
Sierra Club v. Van Antwerp, No. 07-1756, 2010 U.S. Dist. LEXIS 64650 (D.D.C. Jun. 30, 2010) involved a proposed multi-use development project near Tampa, Florida, known as the Cypress Creek Town Center. The project site partially encompassed wetlands…
Read More
Recently Adopted California General Permit for Construction Storm Water Discharges Becomes Effective July 1, 2010
June 2nd, 2010
On September 2, 2009, the California State Water Resources Control Board Division of Water Quality adopted Order 2009-0009-DWQ, the National Pollutant Discharge Elimination System (NPDES) General Permit For Storm Water Discharges Associated With Cons…
Read More
Tags: Michael Einhorn
FERC and California Agree To Coordinate Ocean Energy Permit Processes
May 24th, 2010
On May 18, 2010, the Federal Energy Regulatory Commission and California signed an agreement to work together on applications for ocean energy projects off California’s coast. The Federal Power Act authorizes FERC to license non-federal, ocean ener…
Read More
Federal Court Dismisses Entire Complaint, Including all Federal and State Law Claims, Against Dry Cleaning Equipment Manufacturer
May 18th, 2010
2010 U.S. Dist. LEXIS 23395 On March 12, 2010, the United States District Court for the Eastern District of California in Hinds Investments, L.P. v. Team Enterprises, Inc., 2010 U.S. Dist. LEXIS 23395 (“Hinds”), dismissed a complaint asserting fe…
Read More
Categories: Environmental Litigation
EPA Issues Final Rule on Facilities Requiring New Greenhouse Gas Emission Permits
May 18th, 2010
The U.S. Environmental Protection Agency (EPA) last week announced a final rule to address greenhouse gas (GHG) emissions from large stationary sources such as power plants and oil refineries. EPA’s phased-in approach will shield relatively smaller…
Read More