Gerald George

Gerald George

Davis Wright Tremaine LLP

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Windfarm Industry Suffers Setback as Court Rejects 30 Year Eagle Permit Rule

On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the potential term of incidental take permits under the Bald and Golden Eagle...more

8/14/2015 - Bald and Golden Eagle Protection Act Endangered Species Act Environmental Assessments ESA Fish and Wildlife Service Incidental Take Permits National Environmental Policies NEPA Power Infrastructure Silicon Valley Wind Power

Creative Lawyering In RCRA Criminal Action Fails to Find Favor with the Ninth Circuit

The Resource Conservation and Recovery Act, the federal law that regulates management of hazardous waste, is complicated and compliance can be tricky... but not impossible. Our experience is that good faith efforts to comply...more

7/13/2015 - Compliance Criminal Prosecution Good Faith Hazardous Waste RCRA Waste Disposal

July 1 Deadline for General Industrial Stormwater Permits in California

Beginning July 1 of this year, there’s a new program in town! A new general industrial stormwater permit kicks in in California. Companies with an existing stormwater permit will have to apply for a new permit, and prepare a...more

6/25/2015 - Deadlines Stormwater Discharge Permits

USFWS Launches New Regulatory Program Under the Migratory Bird Treaty Act

The US Fish and Wildlife Service issued a Notice of Intent to prepare a Programmatic Environmental Impact Statement (PEIS) to evaluate the potential environmental impacts of an incidental take program under the Migratory Bird...more

5/27/2015 - Fish and Wildlife Service Migratory Bird Treaty Act Notice of Intent Rulemaking Process

Court at the Fox River Site Opens Door to Superfund Divisibility

On May 19, a district court ruled that a company had established divisibility for its liability at a major downstream segment of the Fox River mega-site in Wisconsin, capping its liability for that segment at 28%. This same...more

5/21/2015 - Contaminated Properties Environmental Remediation Costs PCBs Superfund

Ninth Circuit Rejects CERCLA Settlement, Declines to Give Deference to State Agency

On August 1, 2014, a divided panel of the Ninth Circuit reversed a district court’s approval of a multi-party settlement at an Arizona waste site. State of Arizona v. Ashton Company Incorporated Contractors and Engineers, et...more

8/6/2014

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of...more

8/4/2014 - Administrative Procedure Act Clean Air Act Clean Air Act Violations EPA SCOTUS Subject Matter Jurisdiction US Army Corps of Engineers Wetlands

Comment Period Extended on Expansion of Critical Habitat Rules

The Fish and Wildlife Service and National Oceanic and Atmospheric Administration announced last week that they are extending the deadline for comments on new critical habitat rules from July 11 to October 9, 2014. The...more

6/30/2014 - Conservation Critical Habitat ESA Fish and Wildlife Service NOAA Proposed Regulation Public Comment Rulemaking Process

Fish and Wildlife Announces In-Depth Review of Eagle Management Policy

The U.S. Fish and Wildlife Service announced last week that it intended to conduct either a NEPA environmental assessment (EA) or an environmental impact statement (EIS) concerning its bald and golden eagle management...more

6/25/2014 - Environmental Assessments Environmental Impact Report Fish and Wildlife Service NEPA

One Step Closer… Fifth Circuit Affirms BP Loss on CWA Liability Regarding Gulf Spill

The Deepwater Horizon spill in the Gulf of Mexico occurred over four years ago, accompanied by numerous stories trumpeting the fact that BP would likely pay as much as $25 billion to the United States in civil penalties...more

6/24/2014 - BP Civil Monetary Penalty Deepwater Horizon Environmental Liability Gulf Oil Spill

EPA Proposes to Amend All Appropriate Inquiries Rule to Remove References to 2005 ASTM Standard for Phase 1 Assessments

Yesterday, the EPA published for comment notice of its intent to amend the “All Appropriate Inquiries Rule,” 40 CFR part 312, to remove references to ASTM E1527-05 “Standard Practice for Environmental Site Assessments: Phase...more

6/18/2014 - ASTM CERCLA Environmental Site Assessment EPA Final Rules Proposed Amendments

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

6/11/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

As Wind Farm Industry Matures, Environmental Opposition Grows

The wind farm industry has been the fastest growing element of the renewables in the US. Despite the political obstacles facing developers, on-shore operations are expanding, and offshore operations are expected to kick off...more

5/13/2014 - Environmental Claims Environmental Policies Wind Power

What’s It All About?

There are many lessons that one could take from the outcome of the seven year (and counting) litigation involving environmental groups and the operators of the Los Angeles County stormwater system. Certainly one lesson is to...more

5/8/2014 - Clean Water Act Environmental Claims Environmental Policies EPA Storm Water Stormwater Discharge Permits

Contingent Valuation Returns?

The latest battle in the timber wars provides vividly contrasting views of the impact of last summer’s Rim fire, which burned across over 250,000 acres in the Stanislaus National Forest, Yosemite National Park and on private...more

1/8/2014 - Environmental Policies FEMA Timber Valuation Wildfires

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

11/27/2013 - Deferred Prosecution Agreements Incidental Take Permits Migratory Bird Treaty Act Misdemeanors Renewable Energy Wind Power

Migratory Bird Treaty Act Concerns Extend to Solar Plants

The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are...more

9/24/2013 - Fish and Wildlife Service Migratory Bird Treaty Act Solar Energy

FWS Application of “Baseline” Rule Minimizes Economic Impact of Critical Habitat Designation

The Endangered Species Act (ESA) explicitly prohibits the consideration of economic impacts in making the decision to designate a species as “endangered.” However, consideration of such factors is allowed in the designation...more

9/20/2013 - Critical Habitat Economic Impact Analysis Endangered Species Act ESA Listings Fish and Wildlife Service

Fifth Circuit Evaluates Application of Civil Penalty Factors for Oil Spills under the Clean Water Act, Holds Economic Benefit is...

On an appeal of a penalty determination in the first oil spill case to be tried under the civil penalty provisions enacted after the Exxon Valdez catastrophe in the Oil Pollution Act of 1991, the Fifth Circuit Court of...more

7/24/2013 - Civil Monetary Penalty Clean Water Act Environmental Claims Environmental Liability Oil & Gas Oil Spills

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