EPA and DOT Propose To Regulate Greenhouse Gas Emissions For Heavy Trucks

Posted by in Clean Air, Emerging Issues, Environmental Legislation and Regulation on November 1, 2010

Responding to a Presidential directive to take coordinated steps to produce a new generation of clean vehicles, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) announced last week the first ever national standards to reduce greenhouse gas emissions and improve fuel efficiency of heavy-duty highway vehicles.  This broad sector of…
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California Proposes To Regulate Nanomaterials as Chemical Substances

Posted by in Emerging Issues, Environmental Legislation and Regulation, Green Chemistry on October 12, 2010

Nanotechnology, the study of the controlling of matter on an atomic and molecular scale, promises a number of benefits to society.  If current trends in manufacturing are any indication, this emerging technology is here to stay.  The August 21, 2008 Project on Emerging Nanotechnologies estimated that over 800 manufacturer-identified nanotechnology products are publicly available, with…
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Ninth Circuit Grants Non-Settling PRPS a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree

Posted by in CERCLA, Environmental Litigation on September 24, 2010

 In United States, et al. v. Aerojet General Corp, et al. (606 F.3d 1142; 2010 U.S. App. LEXIS 11131), the United States Court of Appeals for the Ninth Circuit held that non-settling Potentially Responsible Parties (“PRPs”)(referred to by the court as “Applicants”) have a right to intervene under Federal Rule of Civil Procedure 24(a)(2) and…
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Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107

Posted by in CERCLA, Environmental Litigation, Uncategorized on September 16, 2010

 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 obtain a declaratory judgment as to liability for its future costs as a matter…
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California Releases Proposed Green Chemistry Regulation

Posted by in Emerging Issues, Environmental Legislation and Regulation, Green Chemistry on September 16, 2010

  On September 14, 2010, California’s Department of Toxic Substances Control (“DTSC”) released the Green Chemistry Proposed Regulation for Safer Consumer Products, also known at the “Green Chemistry” regulations.  DTSC’s adoption of the regulation, required by AB 1879 (Feuer, 2008), was signed into law by Governor Schwarzenegger and establishes a process for the identification and…
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EPA Publishes Case Study of Solar Farm Located on Sacramento, CA Superfund Site

Posted by in Brownfields & Superfund, Emerging Issues, Renewable Energy on August 24, 2010

  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 propellant rocket engines for military and commercial applications.  In addition, the Cordova Chemical Company operated chemical manufacturing…
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DTSC Releases Draft “Green Chemistry” Regulations on June 23, 2010

Posted by in Emerging Issues, Green Chemistry on August 6, 2010

  On June 23, 2010, DTSC released its anxiously anticipated draft regulations implementing AB 1879, the 2008 Green Chemistry Initiative law intended to “accelerate the quest for safer products.”  California Health & Safety Code section 25252 (AB 1879) requires DTSC to promulgate regulations: (1) identifying and prioritizing “chemicals of concern” in consumer products; (2) establishing…
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Ninth Circuit Defines “Current Ownership” for Purposes of CERCLA Liability

Posted by in CERCLA, Environmental Legislation and Regulation on August 5, 2010

  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 incurred or instead at the time that a recovery lawsuit seeking reimbursement is filed,…
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California Supreme Court Holds that Public Entities May Retain Private Counsel on a Contingency Fee Basis to Prosecute Public Nuisance Actions in Certain Circumstances

Posted by in Environmental Litigation on August 3, 2010

COUNTY OF SANTA CLARA et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY 2010 Cal. LEXIS 7241 (July 26, 2010) The California Supreme Court has held that public entities may retain private counsel on a contingency fee basis to prosecute public nuisance actions in certain limited circumstances.  Those limited circumstances exist when fundamental constitutional…
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Washington State District Court Holds WDOT, the Designer and Manager of a Highway Stormwater Drainage System, Liable As An “Arranger” Under CERCLA

Posted by in Environmental Litigation, Stormwater on July 20, 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, and at some point had knowledge that the runoff contained hazardous substances.  United States v. Washington…
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