District Court In Alabama Dismisses CWA Citizen Suit Claims Where 60-Day Notice Letter Fails To Identify Correct Date Of Alleged Violation

Posted by in Clean Water Act, Environmental Litigation on January 22, 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 Clean Water Act for failure to comply with the jurisdictional prerequisite to bringing such a suit:  a sufficient…
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Washington Supreme Court Holds Investigation Costs Qualify As Remedial Costs Even When No Cleanup Is Required, But Prevailing Party Status Determination Was Premature

Posted by in Cost Recovery, Environmental Litigation, Remediation on January 22, 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 (“MTCA”) (Wash. Rev. Code § 70.105D.020(33)), giving rise to a contribution claim.  However, the Supreme Court affirmed the…
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District Court In California Denies Defendant’s Motion To Dismiss CWA Citizen Suit, Finding 60-Day Notice Letter Sufficient And Claims Adequately Alleged

Posted by in Clean Water Act, Environmental Litigation, Stormwater on January 22, 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 Clean Water Act.  Defendant argued that plaintiff failed to comply with the jurisdictional prerequisite to bringing such…
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ELG wins a Writ of Administrative Mandate for client in Marin County

Posted by in Administrative Law, CEQA, Environmental Legislation and Regulation on October 7, 2016

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 decision here.)  ELG filed the Petition on behalf of the Coalition in 2015 to vacate the Marin County (“County”)…
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DTSC Lists First Three Draft Priority Products Pursuant to Safer Consumer Products Regulations

Posted by in Green Chemistry on September 4, 2014

By Mary E. Wilke 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 Initiative regulations, were approved by the California Office of Administrative Law and went into effect on October 1,…
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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

Posted by in Environmental Litigation on August 12, 2014

August 12, 2014 By Michael Einhorn 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 groundwater, but upholding the district court’s denial of defendant’s motion for…
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Ninth Circuit Holds District Courts Must Engage In An Independent Substantive Evaluation Of CERCLA Consent Decrees And May Not Afford A State Agency The Same Level Of Deference As EPA

Posted by in CERCLA on August 8, 2014

Nancy Wilms, Esq. and Michael Einhorn, Esq. In State of Arizona v. Raytheon Co.. et al., Case No. 12-15691, 2014 U.S. App. LEXIS 14993 (9th Cir. Aug. 1, 2014), the Ninth Circuit reaffirmed the requirement that district courts engage in meaningful substantive review of consent decrees under the Comprehensive Environmental Response, Compensation, and Liability Act…
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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

Posted by in CERCLA, Cost Recovery, Environmental Litigation on March 12, 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) action against that party.  Instead, the party can only pursue a § 113(f)…
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California Governor Signs Bill To Limit Certain Prop. 65 Lawsuits

Posted by in Emerging Issues, Environmental Litigation on October 10, 2013

By Michael Einhorn and Nancy Wilms 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” notice, AB 227 mandates that a potential Prop. 65 plaintiff first provide certain potential…
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Supreme Court Finds Federal Law Preempts Agreements Between Trucking Companies and the Port of Los Angeles

Posted by in Environmental Litigation on October 8, 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 agreement (Agreement) that the Port of Los Angeles (Port) requires short-haul (drayage) trucking companies to enter.  The preempted…
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