Supreme Court Gives Landowners Right to Pre-Compliance Judicial Review of Clean Water Act Orders Issued by US EPA in Sackett v. EPA

Posted by in CERCLA, Environmental Litigation on March 27, 2012

In a highly anticipated decision, the United States Supreme Court has ruled unanimously that the Clean Water Act (CWA) allows parties to seek and obtain judicial review of administrative compliance orders issued by US EPA under its authority.  The Court’s unanimous decision in Sackett v. Environmental Protection Agency, et al. (March 21, 2012) provides aggrieved…
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Denied CEQA Challenge Remanded for Failure to Attach Corrective Action Plan to Negative Declaration

Posted by in CEQA, Environmental Litigation on August 11, 2011

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 the construction of a Target store based on a mitigated negative declaration because the lead agency failed to attach…
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Ninth Circuit Holds That Dry Cleaning Equipment Manufacturer Is Not Liable as an Arranger under CERCLA or on State Law Nuisance and Trespass Claims

Posted by in CERCLA, Environmental Litigation on August 11, 2011

In Team Enterprises, LLC v. Western Investment Real Estate Trust, No. 10-16916, 2011 U.S. App. LEXIS 15383 (9th Cir., Cal. July 26, 2011), the Ninth Circuit held that the manufacturer of a machine used in the dry cleaning process may not be held liable for contribution to environmental cleanup costs under the Comprehensive Environmental Response,…
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Court of Appeal Requires Strict Compliance with CEQA 30-Day Public Notice Requirements

Posted by in CEQA, Emerging Issues, Environmental Legislation and Regulation on July 27, 2011

The California Court of Appeal, in Latinos Unidos De Napa v. City of Napa, 196 Cal. App. 4th 1154 (June 27, 2011), held that the City of Napa (“City”), which filed a CEQA Notice of Determination (“NOD”) with the County Clerk’s office, did not satisfy the 30-day posting and filing requirement when the notice was…
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United States Supreme Court Holds that the Clean Air Act Displaces Federal Common Law Public Nuisance Law and Prohibits Nuisance Claims Against Carbon-Dioxide Emitters

Posted by in Clean Air, Emerging Issues, Environmental Litigation on June 30, 2011

On June  20, 2011, the United States Supreme Court held in an 8-0 decision that the Clean Air Act (Act) 42 U.S.C. §7401 et seq., and the Environmental Protection Agency action it authorizes, displace federal common law public nuisance claims against carbon-dioxide emitters. (American Electric Power Co., Inc., et al. v. Connecticut et al., 564…
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Supreme Court Denies GE’s Petition on Suit Challenging Constitutionality of EPA’s Unilateral Administrative Order Authority

Posted by in CERCLA, Environmental Litigation on June 17, 2011

On June 6, 2011, the Supreme Court denied a petition for certiorari by General Electric (GE) to hear the appeal of General Electric v. Jackson, a lengthy case in which GE had unsuccessfully challenged the constitutionality of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in the U.S. District Court for the District of…
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SWRCB Releases Draft of New Storm Water Industrial General Permit

Posted by in Environmental Legislation and Regulation, Stormwater on February 17, 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 compliance with a national pollutant discharge elimination system (NPDES) permit.  CWA § 301(a).  Under the California Water…
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DTSC Delays California Green Chemistry Initiative Implementation

Posted by in Green Chemistry on February 1, 2011

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 Bill 1879 (Chapter 559, Statutes of 2008).  According to Linda S. Adams, the Secretary of California’s Environmental Protection Agency, the delay is needed “to further…
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Cities Prepared For California’s New Green Building Code

Posted by in Emerging Issues, Green Building on December 2, 2010

As many of California’s cities have adopted green building ordinances over the last several years, the state’s new Green Building Standards Code, to be added to the building standards code on January 1, 2011, is not likely to hinder development in these communities.  The Green Building Standards Code will be Part 11 of the California…
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10th Circuit Holds That EPA May Change Tentative Interpretation of Regulation without Following Procedural Requirements of the Administrative Procedure Act

Posted by in Environmental Legislation and Regulation, Environmental Litigation on November 30, 2010

In United States v. U.S. Magnesium, No. 08-4185, the 10th Circuit United States Court of Appeals addressed whether failure to comply with the notice and comment procedures of the Administrative Procedure Act (“APA”) precluded the United States Environmental Protection Agency (“EPA”) from changing its prior interpretation of an ambiguous 1991 regulation.  The lawsuit underlying the…
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