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Morris Polich & Purdy LLP Los Angeles, CA Document Search Results (57)

 

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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 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 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 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...

 

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 PDFAerial Emissions of Hazardous Substances Could Result in CERCLA Liability
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
On December 31, 2014, in a case of first impression, the U.S. District Court in the Eastern District of Washington found that when air emissions that contain hazardous substances settle onto land or water, they have been “disposed” of at a “facility,” which results in...

 

Adobe PDFCEQA Amendments Facilitating Stadium Project Approved
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In 2011, the California Legislature amended the California Environmental Quality Act (“CEQA”)—the law mandating identification, disclosure and mitigation of potential environmental impacts related to projects requiring public approval—to facilitate the construction of a...

 

Adobe PDFEffluent that Migrates in Groundwater and Discharges from a Non-Point Source May Still Violate Clean Water Act
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
A District Court in Hawaii determined that a facility could be liable under the Clean Water Act (“CWA”), even if the unpermitted facility discharged effluent from a point source, which subsequently and indirectly migrates some distance through the groundwater into a navigable water from...

 

Adobe PDFCourt of Appeal Finds Provision of California’s Superfund Statute Unconstitutional
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In Marilyn Van Horn v. Department of Toxic Substances Control, 231 Cal.App.4th 1287 (2014), the Court of Appeal held that the procedure for placing a lien on real property under California’s Superfund statute, the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety...

 

Adobe PDFAppellate Court Upholds California Air Resources Board’s Recall and Repair Authority for Heavy-Duty Engines
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
April 21, 2015, previously published on February 10, 2015
In Engine Manufacturers Association v. California Air Resources Board, 2014 Cal App Lexis 1075 (November 24, 2014) the California court of appeal reversed a trial court’s ruling and upheld the Air Resources Board’s (ARB) authority to adopt regulations requiring the testing and recall of...

 


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