» Mary E. Wilke

ELG wins a Writ of Administrative Mandate for client in Marin County

On September 19, 2016, Marin Superior Court Judge Paul M. Haakenson granted judgment in favor of ELG’s client, the Point San Pedro Road Coalition (“Coalition”), on its Petition for a Writ of Administrative Mandate (“Petition”).  (See deci… Read More

DTSC Lists First Three Draft Priority Products Pursuant to Safer Consumer Products Regulations

In August 2013, after five years of joint effort among manufacturers, consumers, environmentalists, and the Department of Toxic Substances Control (DTSC), the Safer Consumer Products regulations (Regulations), previously known as the Green Chemistry… Read More
Categories: Green Chemistry

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

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 agr… Read More

Deferred EIR Mitigation Measure Satisfies CEQA

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 fo… Read More

EPA Releases Draft Vapor Intrusion Guidance

On April 11, 2013, the EPA released draft final vapor intrusion guidance (“Guidance”) for assessing and mitigating vapor intrusion pathways from subsurface sources to indoor air.  The Guidance presents EPA’s current recommendations for identif… Read More

New EPA Policy Re: Bona Fide Prospective Purchaser Benefits for Tenants

In December 2012, the Environmental Protection Agency (“EPA”) adopted a new policy setting forth the conditions on which the agency will consider providing CERCLA bona fide prospective purchaser (BFPP) protection to tenants who lease formerly or… Read More

The Impacts of Sequestration Cuts on EPA Programs

Sequestration budget cuts (“budget cuts”) went into effect on March 1, 2013.  These budget cuts required EPA to cut approximately $425 million from its $8.3 billion annual budget, or about 5%.  In a February 6, 2013 letter, Lisa Jackson, then-A… Read More

DTSC Issues Ninth Draft of Proposed Green Chemistry Initiative Regulations

The California Department of Toxic Substances Control (“DTSC”) recently issued its ninth draft of the Green Chemistry Initiative regulations (“Regulations”) with the final rules expected later this year.  The following are six key changes se… Read More

DTSC Delays California Green Chemistry Initiative Implementation

Implementation of California’s Green Chemistry Initiative titled “Safer Consumer Product Alternatives” has been delayed indefinitely beyond the January 1, 2011 statutory adoption deadline.  The deadline was established by California Assembly B… Read More
Categories: Green Chemistry

District Court In Alabama Dismisses CWA Citizen Suit Claims Where 60-Day Notice Letter Fails To Identify Correct Date Of Alleged Violation Washington Supreme Court Holds Investigation Costs Qualify As Remedial Costs Even When No Cleanup Is Required, But Prevailing Party Status Determination Was Premature District Court In California Denies Defendant’s Motion To Dismiss CWA Citizen Suit, Finding 60-Day Notice Letter Sufficient And Claims Adequately Alleged

The California Fourth District Court of Appeal, in Citizens for a Responsible Equitable Environmental Development v. City of Chula Vista (June 10, 2011), remanded a lawsuit challenging the City of Chula Vista’s (“City”) decision to approve th… Read More