» Stormwater
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…
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Tags: Nancy Wilms
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…
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Tags: Michael Einhorn
Ninth Circuit Holds Wood Preservative from Utility Poles Discharged into the Environment does not Violate the Clean Water Act or RCRA
July 1st, 2013
In Ecological Rights Foundation v. Pacific Gas and Electric Company, 713 F.3d 502 (9th Cir. April 3, 2013), the Ninth Circuit panel affirmed the dismissal of a citizen suit alleging utility poles discharged wood preservative containing pentachlorophe…
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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…
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Tags: Michael Einhorn
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,…
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Tags: Michael Einhorn
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…
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Tags: Michael Einhorn