Tox of the Town
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.
ASTM Adopts a New Phase I Environmental Site Assessment Standard
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...
Recent Developments in the Regulation of PFAS
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...
Who is Subject to California's Proposition 65 Warning Requirements?
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.
Environmental Insurance: Paper Worth Millions
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...
Back to School for Administrators: New K-6 Ban List and Laws Regulating Art Supplies
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...
Even Your Parking Structure Violates Prop 65
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...
Shell Pays Big for Double Dipping with the UST Fund
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...
California Supreme Court Finds that a Public Agency Cannot Inadvertently Waive Attorney-Client and Work Product Privileges
Last year, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles . In Ardon , the appellate court found that a public agency can waive statutory privileges that it otherwise would have if it produces privileged documents in response to a California Public Records Act...
Can a Public Agency Inadvertently Waive Attorney-Client & Work Product Privileges? First and Second Appellate District Split on the Issue
In January, I wrote about the Second Appellate District case of Ardon v. City of Los Angeles . In Ardon , the court found that a public entity can waive statutory privileges that it otherwise would have if it produces privileged documents in response to a California Public Records Act (PRA...
Public Entities Can Inadvertently Waive Privilege in Response to a Public Records Act Request
California’s Public Records Act (PRA) law requires public entities to make their public records open for inspection and copying. Environmental practitioners often use PRA requests as a tool to obtain information regarding a contaminated or a potentially contaminated site. In a recent case, Ardon v. City of Los Angeles...
The Sunset Will Last a Little Longer - UST Fund Extended
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...
CEQA Lead Agencies Do Not Waive Defense that CEQA Did Not Apply Despite Proceeding under CEQA
Recently, the court in Rominger v. County of Colusa found that a lead agency which approved a mitigated negative declaration for a project, can take the seemingly inconsistent position that the proposed project was not a California Environmental Quality Act (CEQA) project or was exempt from CEQA when its...
ASTM Issues New Standard For Phase I Environmental Site Assessments
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...
City’s Decision to Not Prepare an EIR Upheld Under Substantial Evidence Standard
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...
California State Water Board’s Low-Threat UST Case Closure Policy Is Now Effective
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...
Green Building Coming to a Home Near You
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...
CVS Settles Hazardous Waste Suit
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...
Parties Can Toll CEQA Statute of Limitations
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...
Does Your City Make the Energy Star Cut?
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...
Sackett v. EPA – Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders
On March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental Protection Agency (EPA) before EPA initiates a formal enforcement action in Sackett v. EPA. The Sacketts own about a half-acre vacant parcel of land in Idaho. In...
Settling Party Barred from Bringing a CERCLA Section 107(a) Claim
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...
State Water Board May Soon Adopt the Low-Threat UST Case Closure Policy
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...
Greenhouse Gas Data Just a Click Away
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...
Cabazon Band of Mission Indians Agrees to Air Quality Rules
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...
Sackett v. EPA – Supreme Court to Decide Whether Pre-Enforcement Review of Compliance Orders Allowed
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...
Environmental Groups Bring Suit Against EPA to Require Air Monitoring Along So-Cal Freeways
Tuesday, the Natural Resources Defense Counsel (NRDC), Physicians for Social Responsibility-Los Angeles and Communities for a Better Environment brought a suit against the Environmental Protection Agency (EPA) for EPA’s approval of the South Coast Air Quality Management District’s (SCAQMD) 2011 Annual Air Quality Monitoring Network Plan on November 1, 2011 (the Air Monitoring Plan). The SCAQMD is the...
Life in the Green Lane – Carpool Privileges to be Given to Qualifying Cars
At the start of the year, California began offering green clean air vehicle decals to purchasers or lessees of cars meeting California’s Enhanced Advanced Partial Zero Emission Vehicle requirements. These decals enable a single driver to drive in the carpool lane. California is limiting the number of stickers to 40,000. The...
Quebec Joins California In Adopting a Cap-and-Trade Program
As our readers know, we have been following the cap-and-trade regulations both domestically and abroad. Quebec recently joined California in adopting a cap-and-trade regulation for greenhouse gas (GHG) emission allowances based on the rules established by the Western Climate Initiative (WCI). WCI is a collaboration of independent jurisdictions, including California, working together to “identify, evaluate and implement emissions trading policies...
We’ll All Be Driving Cleaner By 2025
President Obama announced today an agreement with thirteen major automakers to commence the next phase of the Administration’s program to increase fuel efficiency standards to 54.5 miles per gallon for cars and light-duty trucks by Model Year 2025. EPA and the Department of Transportation worked with auto manufacturers, the state of...
No Longer Running On Fumes: Air Board Approves $40 Million in Additional Funding for Clean Vehicles
As my colleague posted last month, California’s popular Clean Vehicle Rebate Project (CVRP) was in jeopardy of running out of funds by this month. The program, funded by California’s Air Resources Board (ARB), provides vouchers or rebates on a first-come, first-served basis toward the purchase of zero-emission or plug-in hybrid cars, and zero-emission or...