» Michael Einhorn

SWRCB Releases Draft of New Storm Water Industrial General Permit

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… Read More

Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107

In City of Colton v. American Promotional Events Inc.-West, et al., No. 06-56718 (9th Cir. Aug. 2, 2010), the Ninth Circuit considered the issue of whether a CERCLA plaintiff’s failure to establish liability for its past costs precludes its bid to… Read More

EPA Publishes Case Study of Solar Farm Located on Sacramento, CA Superfund Site

The Aerojet General Corp. Superfund site (“Site”), located in Sacramento County, is 5,900 acres and located roughly ½ mile from the American River. Aerojet acquired the property in 1953 to develop, manufacture, and test liquid and solid propella… Read More

Ninth Circuit Defines “Current Ownership” for Purposes of CERCLA Liability

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

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

Bill Providing Incentives for Renewable Energy Development on Contaminated Sites Advances in Senate

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

Recently Adopted California General Permit for Construction Storm Water Discharges Becomes Effective July 1, 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

Wind-Powered Remediation at the Massachusetts Military Reservation on Cape Cod, MA

In their Clean-Up Information website, the EPA reported that a wind turbine has recently begun operating at the Massachusetts Military Reservation (MMR) on Cape Cod, MA, and will produce 25-30% of the energy used by the remediation treatment. The Air… Read More

Statutory Contribution and Indemnity Claims Brought Under HSAA Are Barred By Good Faith Settlement Determination Pursuant To CCP §§ 877 and 877.6

On March 20, 2010, the Court of Appeal of the State of California, Fourth Appellate District, filed an opinion holding that a trial court’s determination of a good faith settlement under California Code of Civil Procedure (“CCP”) sections 877 a… Read More