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Adobe PDFNinth Circuit Looks to Practical Effect of Clean Air Act Challenge to Determine Proper Forum
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
In 2008, the California Air Resources Board (CARB) adopted a regulation requiring heavy-duty diesel trucks to be upgraded with pollution filters and lower emission engines. The regulation was to be incorporated into California’s State Implementation Plan (SIP) to help meet EPA’s...

 

Adobe PDFCalifornia Revisions to the Already Stringent Health Risk Assessment Guidelines
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
On March 6, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) revised its Guidance Manual for Preparation of Health Risk Assessments (HRA), making the characterization of exposure risks to children from air toxics more stringent. By setting guidelines and risk...

 

Adobe PDFCERCLA, Lone Pine Orders, and Daubert Motion
Ryan C. McKim; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
In Asarco LLC v. NL Industries, Inc., 2015 WL2453491, the United States District Court for the Eastern District of Missouri issued a Lone Pine order in a case for contribution under Section 113 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). As the court noted,...

 

Adobe PDFAppeals Court Requires State Implementation Plan to include all Emissions Standards Relied Upon to Meet Its Goal
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Clean Air Act (CAA) establishes a cooperative federalism regime in which the Environmental Protection Agency (EPA) sets required air quality standards, while the state is a primary actor in creating plans to achieve them. The CAA protects the nation’s air quality by authorizing the EPA to...

 

Adobe PDFIn the Service Kings, Court Pulls Some of CEQA’s Teeth
Summer L. Nastich; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Third District Court of Appeal’s decision in Saltonstall v. City of Sacramento, 234 Cal.App.4th 549 (2015) upheld the sufficiency of the Environmental Impact Report (EIR) for a new arena to house the Sacramento Kings. The court’s assessment of the selected alternatives is either...

 

Adobe PDFEPA Releases Hundreds of Pages to Explain What “Waters of the United States” Means
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
The Cuyahoga River in Ohio is famous for catching fire a recorded number of 13 times since 1867. So, the fire on June 22, 1969, was no earthshaking event. However, this fire caught the attention of Time magazine, which described the Cuyahoga as the river that "oozes rather than flows" and...

 

Adobe PDFEPA Updates Financial Assurance Requirements for CERCLA Settlements and UAO
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
June 24, 2015, previously published on June 8, 2015
On April 6, 2015, the U.S. Environmental Protection Agency (EPA) issued a Guidance on Financial Assurance (the FA guidance) in Superfund Settlements and Orders to instruct regional and enforcement personnel on how to adapt financial assurance (FA) requirements to specific Comprehensive...

 

Adobe PDFUCFA or UCATA? It Doesn’t Matter, Says Ninth Circuit
Sudhir Lay Burgaard; Morris Polich & Purdy LLP;
Legal Alert/Article
June 4, 2015, previously published on April 29, 2015
On April 2, 2015, in AmeriPride Serv. v. Texas Eastern Overseas (“AmeriPride”), No. 12-17245 (9th Cir. 2015), the Ninth Circuit held that in allocating liability to a non-settling party in a contribution action under the Comprehensive Environmental Remediation, Compensation, and...

 

Adobe PDFSettlement Offers and Medical Bill Write-Offs: Unrecoverable “Damages” Under Howell Can’t Be Included In A “Judgment” Under Section 998
Richard H. Nakamura; Morris Polich & Purdy LLP;
Legal Alert/Article
June 4, 2015, previously published on May 19, 2015
In a case of first impression - and of tremendous importance to anyone evaluating a settlement offer under California law - a California appellate court ruled that unrecoverable damages don’t count when figuring out the amount of a judgment under California’s offer of judgment statute,...

 

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...

 


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