» Environmental Litigation

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… Read More
Categories: CERCLA, Environmental Litigation

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… Read More
Categories: Clean Water Act, Environmental Litigation, Stormwater
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 Read More
Categories: Cost Recovery, Environmental Litigation, Remediation
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… Read More
Categories: Clean Water Act, Environmental Litigation
Tags: Nancy Wilms

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… Read More
Categories: Environmental Litigation
Tags: Michael

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)… Read More
Categories: CERCLA, Cost Recovery, Environmental Litigation
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”… Read More
Categories: Emerging Issues, Environmental Litigation
Tags: Michael Einhorn

Supreme Court Finds Federal Law Preempts Agreements Between Trucking Companies and the Port of Los Angeles

October 8th, 2013
On June 13, 2013, in American Trucking Ass’n, Inc. v. City of Los Angeles, the United States Supreme Court held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) expressly preempts certain provisions of a concession agreeme… Read More
Categories: Environmental Litigation
Tags: Mary E. Wilke

Ninth Circuit Court Holds that Clean Water Act does not Bar Citizen Suit where State had not Commenced an Action “to Require Compliance” with a NPDES Permit

August 12th, 2013
By Michael Einhorn and Nancy Wilms In California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., Case No. 11-16959 (9th Cir. July 22, 2013), plaintiff California Sportfishing Protection Alliance (“Plaintiff”) alleged that defendants… Read More
Categories: Administrative Law, Clean Water Act, Environmental Litigation, Stormwater
Tags: Michael Einhorn

Deferred EIR Mitigation Measure Satisfies CEQA

June 26th, 2013
The California Court of Appeals held that an environmental impact report (“EIR”) which identified landscaping as a mitigation measure to the project’s visual impact satisfied the California Environmental Quality Act (“CEQA”). The Court foun… Read More
Categories: CEQA, Environmental Litigation
Tags: Mary E. Wilke
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