DTSC Issues Ninth Draft of Proposed Green Chemistry Initiative Regulations

Posted by in Environmental Legislation and Regulation, Green Chemistry on March 12, 2013

By Clare Bienvenu and Mary E. Wilke 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 set forth in the ninth draft: (1) companies are only required to make changes…
Read More…

Todd Tholke v. Sailing Vessel Energy Team AC45 Litigation Successfully Resolved, Energy Team Thanks Tholke

Posted by in Announcement, Maritime Law on March 11, 2013

ELG is pleased to announce that it has confidentially resolved all claims arising out of Todd Tholke v. Sailing Vessel Energy Team AC45, Civ. No. 12-05162, Northern District of California.  The case involved local sailor Todd Tholke’s salvage and rescue of the Energy Team AC45, a 45-foot twin-hulled America’s Cup World Series racing catamaran.  Unbeknownst…
Read More…

Supreme Court denies petition by Solutia, Inc. to address whether a party to a consent decree may file a cost recovery action under CERCLA Section 107(a).

Posted by in CERCLA, Environmental Litigation on October 10, 2012

On October 9, 2012, the U.S. Supreme Court denied the petition of Solutia, Inc. and Pharmacia Corporation to review a March 6, 2012 ruling by the Eleventh Circuit which affirmed a grant of summary judgment and held that parties subject to a consent decree are limited to filing claims for contribution under CERCLA § 113(f),…
Read More…

Federal Court’s Dismissal of Buyer’s Fraud Action in Allegedly Contaminated Gas Station Sale Highlights the Need for Land Purchasers to Conduct Independent Environmental Assessments

Posted by in Environmental Litigation, Land Use & Development, Remediation on October 1, 2012

A Washington federal district court denied purchaser Pyramid Gold, Inc.’s claim that it was misled as to the level of contamination present at the gas station it purchased from BP West Coast Products, LLC.   Pyramid Gold agreed to the sale after receiving an environmental baseline assessment conducted by BP West Coast that revealed contamination below reporting…
Read More…

Federal Court Dismisses CERCLA Suit based on Lack of Necessary Response Costs

Posted by in CERCLA, Environmental Litigation on September 25, 2012

By Clare Bienvenu & John D. Edgcomb In Stratford Holding, LLC v. Fog Cap Retail Investors, et al., Stratford Holding LLC (“Stratford”) sued its lessees, Fog Cap Retail Investors LLC (“Fog Cap”) and Foot Locker Retail Inc. (“Foot Locker”), under CERCLA §§ 107 and 113, seeking cost recovery for costs incurred in assessing alleged PCE contamination…
Read More…

Edgcomb Law Group Moves & Changes Business Form

Posted by in Announcement on September 22, 2012

Edgcomb Law Group is pleased to announce its move to the prestigious McKesson Plaza at One Post Street, Suite 2100, San Francisco, CA.  The majestic skyscraper is home to the McKesson Corporation’s headquarters and is located in San Francisco’s financial district.  The structure itself was designed by noted architect Welton Becket, whose other noted commissions…
Read More…

California Bill Limiting Deposition Time Set to Take Effect January 1, 2013

Posted by in Environmental Litigation on September 21, 2012

By Clare Bienvenu & John Edgcomb, Esq. This week Governor Jerry Brown signed A.B. 1875 into law, adding Section 2025.290 to the California Code of Civil Procedure.  The law, which will take effect on January 1, 2013, requires that many depositions be limited to seven hours in total.  While the seven hour limit is the…
Read More…

Federal District Court Allows Chevron to Proceed with a CERCLA § 107 Cost Recovery Action to Attempt to Hold Non-Settling “Smaller Responsible Parties” Jointly and Severally Liable for All Response Costs

Posted by in CERCLA, Cost Recovery, Environmental Litigation, Remediation on September 11, 2012

By Clare Bienvenu & John D. Edgcomb The United States District Court for the Eastern District of California denied defendants’ motion to dismiss in Chevron’s CERCLA § 107 cost recovery action against them in connection with the EPC Eastside Disposal Facility site outside of Bakersfield, CA.  In June 2005, Chevron, as one of several parties…
Read More…

California Supreme Court Invalidates the Last Vestiges of the Common Law Release Rule – Plaintiffs May Recover the Unsatisfied Portion of All Awarded Damages from Nonsettling Joint Tortfeasors, Even in the Absence of a Good Faith Settlement

Posted by in Environmental Litigation, Insurance & Liability on September 6, 2012

By Clare Bienvenu & John Edgcomb Until the California Supreme Court’s recent ruling in Leung v. Verdugo Hills Hospital, S192768, the common law release rule was technically still good law in California.  Yet, the rule has long lain dormant due to jurisprudence and legislation that significantly narrowed its scope of applicability. Nevertheless, the particular set…
Read More…

State of California v. Continental Insurance: California Supreme Court Ruling Paves the Way for “Stacking” Multiple Insurance Policy Limits in Response to Certain Environmental Cleanup Claims

Posted by in Environmental Litigation, Insurance & Liability, Remediation on August 30, 2012

by Clare Bienvenu & John D. Edgcomb On August 9, 2012, in State of California v. Continental Insurance, S170506, the California Supreme Court applied the “all sums-with-stacking” rule to allow the State of California to “stack” the policy limits of several successive insurance policies to recover for continuous environmental property damage incurred over a twelve…
Read More…