GREENberg bLAWg Posts
Visit the Full BlogWhere the Law and the Environment Connect. Tox of the Town is a blog written by attorneys in Greenberg Glusker’s Environmental Law Group. With years of legal, technical, and business know-how experience, we look forward to providing our readers with timely updates on environmental issues. Subscribe to our blog today to receive updates on changing environmental laws, regulatory and compliance issues, ongoing litigation, and more.
Making Lemonade Out of Lemons: EPA’s Recent Step Toward The Development of Renewable Energy on Contaminated Properties
In September of 2008 EPA launched its RE-Powering America’s Land initiative with the objective of developing renewable energy on current and formerly contaminated properties. As a result of its 2009 meetings with stakeholders from the renewable energy industry, landowners, state and local governments and others, EPA recently took a significant step toward implementing...
Can Construction Site Webcams Be Far Behind?
The State Water Resources Control Board (“State Water Board”) recently adopted toughened standards for water flows generated by construction sites under a new statewide storm water construction general permit, effective July 1, 2010. The new permit (the “2010 Permit”) replaces the storm water construction general permit in place since 1999 (the “1999 Permit&rdquo...
The California Air Resources Board Adopts Far-Reaching Greenhouse Gas Emission Reduction Targets Designed To Achieve More Livable, Sustainable Communities
On September 23, 2010, the California Air Resources Board (CARB) adopted targets throughout the State for reducing greenhouse gas emissions from passenger vehicles (including automobiles and light trucks). The targets vary by region. In the Greater Los Angeles area, comprising approximately 18 million people, CARB set reduction targets of 8% by...
Ninth Circuit Agrees With Other Circuits In Barring Pre-Enforcement Challenges To Clean Water Act Administrative Compliance Orders
The U. S. Court of Appeals for the Ninth Circuit has joined the Fourth, Sixth, Seventh and Tenth Circuits in holding that the Clean Water Act precludes pre-enforcement review of compliance orders alleging violations of the Act. In an opinion issued September 17, 2010 (Sackett v. EPA), the court ruled that landowners who had...
EPA Holds Hearings on Hydraulic Fracturing
As part of a broad investigation into the practice of pressurized injection of water, sand, and chemicals to extract natural gas from shale, known as hydraulic fracturing or fracking, the Environmental Protection Agency (EPA) held several public hearings this week in Binghamton, New York. Hydraulic fracturing operates by the...
The Clean Air Act Turns 40
Today is the 40th year anniversary of the passage of the Clean Air Act. This landmark legislation, which Congress revised and expanded in 1990, provides the Environmental Protection Agency (EPA) with the authority to regulate air pollutant emissions. EPA is celebrating the Clean Air Act’s anniversary today, by touting the health and environmental benefits achieved under...
Will CARB’s Report Live Up To The Promise Of Its Press Release: “Report Signals Historic Shift From Sprawl To More Livable, Sustainable Communities”?
On August 9, 2010, the California Air Resources Board (CARB) issued its long-awaited draft report implementing SB 375. Passed in 2008 (and recently favorably reviewed by the Urban Land Institute), SB 375 requires targeted reductions of greenhouse gas emissions by 2020 and 2035 throughout the State. The targets link climate change concerns to reductions in single-occupancy...
EPA Takes Steps Under The Clean Water Act to Protect California’s Coastline
On August 25, 2010, the Environmental Protection Agency (EPA) proposed the nation’s largest coastal “No Discharge Zone,” covering California’s entire 1,624 miles of coastline. Pursuant to the federal Clean Water Act, states may request EPA to establish vessel no-discharge zones to protect and restore water quality. Non-sewage discharge from vessels...
Logging Road Stormwater Runoff Subject to the Clean Water Act
In a long-anticipated decision, the Ninth Circuit Court of Appeals ruled this week that stormwater – largely rainwater – that runs off of logging roads into streams and rivers must be permitted under the Clean Water Act (CWA). This decision (Northwest Environmental Defense Center v. Brown) will have far-ranging impacts that...
As Solar Power Projects Soar How Can Energy Consumers Take Advantage?
In keeping with his commitment to create jobs by funding clean technology, President Obama announced last month that the Department of Energy was awarding nearly $2 billion in conditional commitments from the Recovery Act to two solar companies. One recipient of the funds, Abound Solar Manufacturing, is building two...
Kerry to Settle For Clean Energy Bill?
With the collapse of the Senate’s intention to consider even a scaled-down cap and trade bill before its August recess, Senator John Kerry (D-MA) has re-entered the fray. Kerry, along with Senator Joe Lieberman (I-CT), earlier introduced the American Power Act, a major component of which was a multi-sector cap and trade requirement. When...
CALGreen: Mandatory Green Building Standards Take Effect in 2011
California’s first-in-the-nation set of mandatory green building standards for new construction is slated to take effect on January 1, 2011. Referred to officially as the California Green Building Standards Code, CALGreen applies to all new public and privately-constructed commercial and residential buildings. Integrated within the state’s Building Standards Code, it includes...
There’s a “Canary” in My Water – EPA Software Detects Hazardous Contaminants in Drinking Water Systems
Bringing to mind the old adage “canary in a coalmine,” the Environmental Protection Agency (EPA) announced this week its innovative water quality software aptly named “Canary.” Developed by EPA scientists in collaboration with the Department of Energy (DOE), the Canary software can help detect chemical and biological contaminants including pesticides, metals...
Owners at the Time That Cleanup Costs are Incurred are “Current” Owners Under CERCLA, Court Says
In another recent decision on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §9601 et seq. , the Ninth Circuit clarified that the “current” owner is the owner at the time that cleanup costs are incurred for purposes of imposing liability under the act. Enacted thirty years ago, CERCLA...
Beware of the “Green” Form Lease
As the economics of green buildings continues to align with the social and political pressures of climate change, many national and regional businesses are “greening” their form leases by including provisions that address everything from the installation of energy efficient lighting to the use of toilet paper that incorporates...
EPA Refuses to Reconsider its Greenhouse Gas Endangerment Findings
As we previously reported, in December of last year, EPA determined that climate change caused by emissions from greenhouse gases endangered the public welfare and the environment. These so-called “endangerment findings,” while not directly imposing requirements on industry or other entities, paved the way for future EPA action to address climate change...
Bay Area Air Quality District Takes The Plunge
After much thrashing about and hesitancy to act by air quality regulators throughout California and the nation, on June 2, 2010, the Bay Area Air Quality Management District (BAAQMD), which has jurisdiction over the nine counties of the San Francisco Bay area, became the first air quality regulator to adopt guidelines for...
Senate to Defer on Cap and Trade
Senate Majority Leader Harry Reid (D-NV) announced that the scaled-down energy bill he intends to introduce before the August recess will not include either a cap and trade provision or a renewable energy portfolio requirement. Acknowledging that he could not command 60 votes for even a utility-only cap and trade program, Reid will...
Pressure Testing — Court Temporarily Halts Offshore Oil Exploration in Alaska
The events relating to the BP oil spill in the Gulf of Mexico continue metaphorically to parallel the relationship between the courts and environmental review under the National Environmental Policy Act (NEPA) with regard to deep water oil drilling off the north coast of Alaska. Shortly after BP installed a temporary...
Greenberg Glusker Named A 2010 Climate Action Leader By Climate Action Reserve
One of a Few Law Firms Earning Distinction For the third year in a row, the Climate Action Reserve, and its affiliated California Climate Action Registry, has awarded Greenberg Glusker the recognition of “Climate Action Leader.” The leadership status, the standard used in the state’s public reporting of greenhouse gas (GHG...
Prospects for Utility-Only Cap and Trade Bill Remain Unclear
Although Senate Majority Leader Harry Reid (D-NV) plans to introduce energy legislation by the end of July, it is uncertain if, and to what extent, the bill will include a cap and trade provision. Reid continues to state that he will bring a four-part energy and climate package to the Senate...
Keeping PACE – California Sues Fannie Mae
California yesterday commenced a lawsuit seeking to prevent the Federal Housing Finance Agency and its arms Fannie Mae and Freddie Mac from interfering with California’s implementation of the PACE (Property Assessed Clean Energy) program for financing the greening of existing structures. The lawsuit is intended to prevent implementation of...
SKIPSO: New Online Resource for Cleantech Companies and Investors Alike
For companies, investors, executives and service providers looking to make their mark in the cleantech and sustainable energy arena, there is a new website, www.skipso.com which serves to connect fellow green-minded thinkers in the same way that LinkedIn has connected millions of users since its launch in 2003. The site not...
What’s Coming Down the River – How EPA’s Designation of the Los Angeles River as a “Navigable Waterway” May Impact Future Development
As reported by the Los Angeles Times , the U.S. Environmental Protection Agency (EPA) designated the entire 51-mile, concrete lined Los Angeles River a “traditional navigable water,” under the Clean Water Act on Wednesday. Although it may be hard to picture the Los Angeles River as a navigable waterway on par...
Seller Beware: Does Your Building Make The Grade?
Deadline Approaches for Disclosure of Energy Efficiency Rating of Commercial Buildings One of the ongoing challenges in making the case for “green building” has been to monetize the value of high-efficiency features, such as reduced energy consumption. In a “light-bulb” moment, the California Legislature enacted Assembly Bill 1103 (“AB 1103”) in...
Property Rights: Carved in Stone or Written in Sand?
Property owners rely on the protection afforded by the Takings Clause of the Fifth Amendment to the U. S. Constitution to shield them against the government improperly interfering with their property rights. The Takings Clause requires “just compensation” to be given to the property owner if the government takes...
Greenberg Glusker’s Robert Chapman Named Finalist for the Public Justice 2010 Trial Lawyer of the Year Award for $105 Million Trial Victory Against Exxon Mobil
Landmark NYC Verdict Hailed as Socially Significant for Corporate Environmental Accountability Greenberg Glusker today announced that Firm Partner Robert S. Chapman is a finalist for the 2010 Public Justice Trial Lawyer of the Year Award for his successful representation of New York City in a trial against Exxon Mobil Corporation. The City charged...
Urban Land Institute Favorably Reviews California’s Law to Reduce Greenhouse Gas Emissions By Curbing Urban Sprawl
The Urban Land Institute (ULI), a nationally recognized organization which encourages sustainable development practices, has favorably reviewed SB 375 in its June 2010 report, “SB 375, Impact Analysis Report.” Adopted in 2008 by the California Legislature, SB 375 for the first time links land use decisions to funding of transportation infrastructure. According to...
Tea Leaf Reading From Murkowski Resolution Vote?
Acting pursuant to the Congressional Review Act, Senator Lisa Murkowski (R-AK) introduced a “resolution of disapproval” seeking to veto EPA’s endangerment finding regarding greenhouse gas (GHG) emissions. The endangerment finding is the foundation for EPA’s vehicle emission standards and the newly adopted regulations covering GHG emissions from stationary sources. While failing by 47 – 53 on...
It’s Not Over Yet – Parties Can Join in Litigation to Oppose EPA Settlements, Court Says
The Ninth Circuit recently joined the Eighth and Tenth Circuits in finding that non-settling parties can intervene in litigation to oppose settlements between the U.S. Environmental Protection Agency and other settling responsible parties under the Comprehensive Environmental Response, Compensation and Liability Act or CERCLA. This decision is significant because...