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Adobe PDFCalifornia Court of Appeal Upholds Proposed Sacramento Kings Stadium Over CEQA Challenge
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
May 21, 2015, previously published on April 29, 2015
On February 18, 2015, California’s Third District Court of Appeal in Saltonstall et al. v. City of Sacramento upheld the City of Sacramento’s Environmental Impact Report (EIR) prepared for the proposed construction of the new Sacramento Kings’ basketball stadium in downtown...

 

Adobe PDFCalifornia Court of Appeals Dismisses Petitioner’s Challenge to RWQCB’s California Court of Appeals Dismisses Petitioner’s Challenge to RWQCB’s TMDL Standards
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
May 21, 2015, previously published on April 29, 2015
On March 30, 2015, the Second District Court of Appeal in Conway v. State Water Resources Control Board rejected claims that the Regional Water Quality Control Board (RWQCB) impermissibly established Total Maximum Daily Loads (TMDLs) for McGrath Lake when it set TMDLs in terms of pollutant...

 

Adobe PDFAppellate Court Endorses Averaging To Determine If Exposures Require Prop 65 Warning
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
May 21, 2015, previously published on April 29, 2015
In 2011, the Environmental Law Foundation (ELF) filed a complaint against Beech-Nut Nutrition Company and 15 other food manufacturers, alleging that the lead content of defendants’ products was sufficient to trigger the duty pursuant to Proposition 65 to provide warnings to consumers. The...

 

Adobe PDFProposition 65 Amendment Seeks To Simplify Process For Determining Safe Harbors
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
May 20, 2015, previously published on April 29, 2015
Through the initiative process, California voters adopted the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Proposition 65 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to...

 

Adobe PDFU.S. Supreme Court Affirms Amtrak’s Regulatory Authority
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
May 20, 2015, previously published on April 29, 2015
In 1970, Congress passed the Rail Passenger Service Act (RPSA), which was designed to aid in maintaining a national passenger railway system. The RPSA established the National Railroad Passenger Corporation, better known as Amtrak, which was intended to meet the national intercity railway needs. In...

 

Adobe PDFCalifornia Supreme Court Announces Two-Part Test for CEQA Categorical Exemptions
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
The California Environmental Quality Act (CEQA) prescribes review procedures a public agency must follow before approving or carrying out certain projects. However, the Legislature by statute has directed the Secretary of the Natural Resources Agency to establish “a list of classes of...

 

Adobe PDFFifth Circuit Limits “Arranger Liability” Under CERCLA
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
On January 14, 2015, in Vine Street LLC v. Borg Warner Corp. (“Vine Street”), No. 07-40440 (5th Cir. 2015), the Fifth Circuit held that a company that had furnished dry cleaning equipment, design assistance, and a supply of perchloroethylene (“PERC”) to a dry cleaning...

 

Adobe PDFCourt Holds that Motion to Dismiss Is an Ineffective Tool to Address Allegations that Exceed the Scope of Pre-Litigation Notice Under the Clean Water Act
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
Before filing a Clean Water Act action, a plaintiff must provide the potential defendant with a “prelitigation notice” that tells the target precisely what it purportedly did wrong and when. However, in California Communities Against Toxics v. Armorcast Products Co., Inc., the U.S....

 

Adobe PDFChallenging the Innocent Landowner Defense Under CERCLA - Coppola v. Smith Reinforces the Importance of ASTM Compliance as Part of a Commercial Land Purchaser’s Environmental Due Diligence
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
In Coppola v. Smith, No. 1:11-CV-01257-AWI, 2015 WL 224730, (E.D. Cal. Jan. 15, 2015), a federal court in the Eastern District of California denied a defendant commercial property purchaser’s “innocent landowners” defense to a claim for cost recovery under CERCLA, finding there...

 

Adobe PDFImproper Agricultural Manure Usage or Storage May Be Subject to RCRA Liability
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
On January 14, 2015, the Eastern District of Washington in Cmty. Ass'n for Restoration of the Env't, Inc. v. Cow Palace, LLC, No. 13-CV-3016-TOR, 2015 WL 199345, at *41 (E.D. Wash. Jan. 14, 2015) ruled that dairy farms were liable under the Resource Conservation and Recovery Act...

 


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