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.
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...
CARB’S AB 32 Scoping Plan Environmental Analysis – Take Two
On Monday, the California Air Resources Board (CARB) released a Supplement to the environmental analysis (known as the Functional Equivalent Document) of the 2008 AB 32 Scoping Plan. The Supplement provides CARB’s revised analysis of the alternatives to the greenhouse gas reduction measures proposed in the Scoping Plan, including alternatives to the cap-and-trade program. The Supplement comes...
No Second Guessing EPA: CERCLA Citizen Suit Cannot Interfere With Ongoing Cleanup
This week, the Ninth Circuit ruled that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not give a federal district court jurisdiction to adjudicate claims for past noncompliance with an order issued by the Environmental Protection Agency (EPA). The decision, Pakootas v. Teck Cominco Metals, Ltd., affirms that CERCLA’s citizen suit provision...
The GREENing of Greenberg Glusker
In honor of Earth Day, we thought we’d share some of the steps that Greenberg Glusker has taken to be more green. Last year, Greenberg Glusker completed its office remodel in true green fashion. We recycled and reused materials from the old office design whenever possible, which resulted in using...
Arizona Tribe First to Adopt International Green Building Code
As our regular readers know, we have been closely following California’s efforts toward mandating green building requirements both state-wide (through CalGreen) and locally. In a sure sign that green building is here to stay, the Kayenta Township, a political subdivision of the Navajo Nation located in Arizona, recently became...
Bill Introduced to Delay Implementation of the Global Warming Solutions Act
California Assemblywoman Shannon Grove recently introduced Assembly Bill 333, which seeks to delay California’s AB 32, commonly known as the Global Warming Solutions Act. Adopted in 2006, the Global Warming Solutions Act aims to reduce California’s greenhouse gas (GHG) emissions to 1990 levels by 2020. The act tasked the California Air Resources Board (CARB) with...
Panel Concludes Carbon Capture and Storage Part of the Answer to California’s GHG Emissions
In a final report released last week, a review panel consisting of experts from industry, trade groups, academia and an environmental organization concluded that there was a public benefit to utilizing carbon capture and storage (CCS) for reducing greenhouse gas (GHG) emissions in California. CCS refers to the capture, or removal, of CO2...
Court Upholds Pay to Pollute Rule
Last week, the Ninth Circuit ruled that the federal Clean Air Act does not preempt the San Joaquin Valley Air Pollution Control District (Air District) from requiring certain developers to either reduce their polluting emissions from their construction activities or pay a fee. The case (National Association of Home Builders v. San Joaquin...
Happy 30th Superfund
30 years ago tomorrow, Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which is commonly known as the Superfund law. CERCLA, which Congress amended in 1986, was created to address the most contaminated properties in the United States and to provide federal authority to respond to releases or threatened...
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...
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...
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...
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...
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...
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...