Sedina L. Banks

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Tox of the Town

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Where 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.

The EPA's New Enviro Site Assessment Standard: Key Points

by Sedina L. Banks on February 6, 2023
On Dec. 15, 2022, after a yearlong wait, the  U.S. Environmental Protection Agency  took final action to approve the new  ASTM International  standard for conducting Phase I environmental site assessments, officially known as ASTM E1527-21, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." This action...
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What is Greenwashing?

by Sedina L. Banks on February 3, 2023
In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance.  What is greenwashing? That is the question of the day. There is not one regulatory definition of what greenwashing...
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California’s Proposition 65: New “Safe Harbor” Warning Option for Acrylamide

by Sedina L. Banks and Sherry E. Jackman on January 20, 2023
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years. As we previously reported , there is currently an injunction preventing Prop 65 enforcers from filing or prosecuting...
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At Last - EPA Approves the New ASTM Phase I Environmental Site Assessment Standard

by Sedina L. Banks on December 15, 2022
On December 15, 2022, the United States Environmental Protection Agency (EPA) took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments. As previously noted , ASTM adopted the revised standard, officially known as ASTM 1527-21, last year. The revised standard represents best practices for...
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Update on California’s Regulation of PFAS – Governor Newsom Vetoes AB 2247

by Sedina L. Banks on October 24, 2022
Last month, we reported regarding recent actions taken by the California Legislature in the regulation of per – and polyfluoralkyl substances (“PFAS”).  By way of background, PFAS are man-made chemicals used for decades and found in many different commercial, industry, and consumer products such as non-stick cookware and water...
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ASTM Adopts a New Phase I Environmental Site Assessment Standard

by Sedina L. Banks on September 23, 2022
Environmental Partner, Sedina Banks, published "ASTM Adopts a New Phase I Environmental Site Assessment Standard" in the Fall 2022 issue of NAIOP's  Development Magazine.  In her article, she discusses the revisions made to ASTM's Phase I environmental site assessment standard and how it will affect commercial real estate transactions. Sedina...
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Recent Developments in the Regulation of PFAS

by Sedina L. Banks on September 7, 2022
In response to the growing concern regarding per – and polyfluoralkyl substances (“PFAS”), the federal government and California have taken recent actions to regulate PFAS.   By way of background, PFAS are man-made chemicals used for decades and found in many different commercial, industry, and consumer products such as non-stick...
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Who is Subject to California's Proposition 65 Warning Requirements?

by Sedina L. Banks on February 18, 2022
Environmental Law Partner, Sedina Banks, presented a webinar "California’s Proposition 65: Background, Compliance, and Strategy" to members of the Association of Corporate Counsel - Southern California and the International Society of Primerus Law Firms. In this video clip, she discusses who is subject to California’s Proposition 65 warning requirements.
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Environmental Insurance: Paper Worth Millions

by Sedina L. Banks on November 10, 2021
Your client calls frantic because he has just been served with a lawsuit from an adjacent property owner who claims that the historic dry-cleaning operations on your client’s property have contaminated the groundwater. The complaint seeks millions of dollars for cleanup costs. Another client calls. She wants to purchase...
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Back to School for Administrators: New K-6 Ban List and Laws Regulating Art Supplies

by Sherry E. Jackman and Sedina L. Banks on September 7, 2021
As schools reopen and in-person learning resumes, school teachers and administrators should be aware of laws regulating the purchasing of art supplies in schools. A preview of some of these laws is as follows: The California Education Code (Cal. Education Code § 32064, et seq. ) prohibits the purchase...
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Even Your Parking Structure Violates Prop 65

by Sherry E. Jackman and Sedina L. Banks on April 29, 2019
The Prop 65 “Clear and Reasonable Warnings” updates that became effective in August 2018 contain lots of traps for the unwary, including one that you might not have noticed: tailored Prop 65 warnings are required at each of the public entrances to your enclosed parking facilities. To avail your regulated...
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Shell Pays Big for Double Dipping with the UST Fund

by Sedina L. Banks on September 28, 2016
Last week, the  California State Water Resources Control Board  (State Water Board)  announced  that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California  UST Cleanup Fund  (Fund) for allegedly claiming reimbursement through false or misleading statements on its claim forms.  The State...
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The Sunset Will Last a Little Longer - UST Fund Extended

by Sedina L. Banks on November 26, 2014
On September 25, 2014, Governor Brown signed  SB 445 (Hill)  Underground storage tanks; hazardous substances: petroleum: groundwater and surface water contamination into law (UST Law).  The UST Law was an urgency measure that took effect immediately. The UST Law makes changes to the  Underground Storage Cleanup Fund (UST Fund...
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ASTM Issues New Standard For Phase I Environmental Site Assessments

by Sedina L. Banks and Brian E. Moskal on January 6, 2014
On November 6, 2013, ASTM revised its standard for conducting Phase I environmental site assessments, known as Standard E1527-13 (entitled “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”).  ASTM E1527-13 is the first revision to the ASTM Phase I standard since its 2005 revision of the standard (known as...
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City’s Decision to Not Prepare an EIR Upheld Under Substantial Evidence Standard

by Sedina L. Banks on January 6, 2014
Earlier this month, in Latinos Unidos De Napa v. City of Napa, the California Court of Appeals upheld the city of Napa’s determination that it did not have to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) when enacting minor changes to its general plan and...
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California State Water Board’s Low-Threat UST Case Closure Policy Is Now Effective

by Sedina L. Banks on August 28, 2012
On May 1, 2012, the California State Water Resources Control Board (SWRCB) adopted via Resolution No. 2012-0016 the Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure (Low-Threat Closure Policy).  The Low-Threat Closure Policy finally became effective on August 17th.  This should be good news for the thousands of UST sites in California...
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Green Building Coming to a Home Near You

by Sedina L. Banks on June 1, 2012
Yesterday, the California Energy Commission unanimously approved energy efficiency standards for new homes and commercial buildings. The new 2013 Building and Energy Efficiency Standards (Standards), which take effect on January 1, 2014, are projected to be 25 percent more efficient than previous standards for residential construction and 30 percent more efficient for nonresidential construction. For...
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CVS Settles Hazardous Waste Suit

by Sedina L. Banks on April 30, 2012
In a settlement reached in mid-April, CVS Pharmacy Inc. (CVS) agreed to pay almost $14 million to settle claims that it improperly stored and disposed of hazardous waste at its drugstores in California. In a suit brought in Ventura County Superior Court, prosecutors representing 45 cities and counties across...
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Parties Can Toll CEQA Statute of Limitations

by Sedina L. Banks on April 25, 2012
Last week, in Salmon Protection and Watershed Network v. County of Marin, the California Court of Appeals found that a public agency and a party disputing the adequacy of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) can enter into a tolling agreement to toll or suspend the...
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Does Your City Make the Energy Star Cut?

by Sedina L. Banks on April 11, 2012
The U.S. Environmental Protection Agency (EPA) released today the annual list of metropolitan cities with the most Energy Star certified buildings for 2011.  To earn EPA’s Energy Star, commercial buildings must perform in the top 25 percent of similar buildings nationwide and must be independently verified by a licensed professional engineer or a...
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Settling Party Barred from Bringing a CERCLA Section 107(a) Claim

by Sedina L. Banks on March 8, 2012
This week, in the case of Solutia, Inc. and Pharmacia Corp. v. McWane, Inc. (Solutia), the Eleventh Circuit held that a party that performs a cleanup in compliance with a consent decree has no right under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) section 107(a) to recover its cleanup costs...
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State Water Board May Soon Adopt the Low-Threat UST Case Closure Policy

by Sedina L. Banks on February 8, 2012
Last week, the California State Water Resources Control Board (SWRCB) gave notice of public opportunity to comment on its proposed April adoption of the Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closure (Low-Threat Closure Policy). This should come as welcome news for the thousands of underground storage tank (UST) sites in...
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Greenhouse Gas Data Just a Click Away

by Sedina L. Banks on January 25, 2012
Earlier this month, the United States Environmental Protection Agency (EPA) released for the first time comprehensive greenhouse gas (GHG) data through EPA’s GHG Reporting Program. The 2010 GHG data includes publicly accessible information from sources in nine industry groups that directly emit large quantities of GHGs or supply certain fossil fuels. The...
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Cabazon Band of Mission Indians Agrees to Air Quality Rules

by Sedina L. Banks on January 19, 2012
In a landmark agreement, the South Coast Air Quality Management District (SCAQMD) reached a “government-to-government” agreement with the Cabazon Band of Mission Indians to enforce some of the SCAQMD’s air quality regulations on tribal land. The SCAQMD is the air pollution control agency for all of Orange County and the urban...
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Sackett v. EPA – Supreme Court to Decide Whether Pre-Enforcement Review of Compliance Orders Allowed

by Sedina L. Banks on January 10, 2012
On Monday, the United States Supreme Court heard oral argument on Sackett v. Environmental Protection Agency (docket no. 10-1062).  At issue is whether a party who was issued a pre-enforcement compliance order from the Environmental Protection Agency (EPA) has the right to have the order judicially reviewed before EPA initiates an enforcement action...
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