» Environmental Litigation

California Supreme Court Holds that Public Entities May Retain Private Counsel on a Contingency Fee Basis to Prosecute Public Nuisance Actions in Certain Circumstances

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

Washington State District Court Holds WDOT, the Designer and Manager of a Highway Stormwater Drainage System, Liable As An “Arranger” Under CERCLA

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

Federal Court Finds Corps’ Decision To Permit Development Of Florida Wetlands Violated Federal Law

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

Federal Court Dismisses Entire Complaint, Including all Federal and State Law Claims, Against Dry Cleaning Equipment Manufacturer

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

Court Rejects Chevron Refinery Expansion Appeal

On April 26, the First Appellate District of the California Court of Appeals, partially affirmed and remanded to the trial court Chevron’s appeal of the grant of a writ of mandate halting the expansion of the Chevron refinery in Richmond, Californi… Read More

California Supreme Court Upholds Strict Interpretation of CEQA 35-Day Statute of Limitations

On April 1, 2010, the California Supreme Court held that even if there are alleged flaws in the decision-making process underlying a CEQA notice of exemption (“NOE”) and the project approval, the 35-day time period in which to file a lawsuit chal… Read More