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Udall-Vitter TSCA Reform Bill Builds Momentum for Passage; Senators Boxer, Markey Respond with Competing Legislation

On March 10, 2015, Senators Tom Udall (D-N.M.) and David Vitter (R-La.) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), to modernize the Toxic Substances Control Act (TSCA). ...more

Calif. Appellate Court Endorses Averaging Lead Exposure in Food and Beverage Prop. 65 Disputes

In a rare published decision concerning California’s expansive Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Prop 65,” the California Court of Appeal on March 17, 2015, dealt companies a victory in...more

Gas Lines to Pipelines: The Case for Comprehensive Federal Energy Legislation

We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more

In Cross-Border Contamination Case, Court Holds That CERCLA Displaces Federal Common Law Public Nuisance Claim

In yet another recent case involving the intersection of CERCLA and state law, the United States District Court for the Eastern District of Washington held that CERCLA legislatively displaced federal common law public...more

Court Decisions Halt Momentum on Local Oil and Gas Regulations

Action Item: Oil and gas operators should be aware that courts recently have been paring back on the power of local municipalities to regulate their operations. ...more

Texas Legislature Takes Further Aim at Local/Municipal Fracking Bans

On Tuesday, March 11, 2015, the Texas Legislature’s 84th Session gained another bill directed at combating future local and municipal fracking bans. State Rep. Drew Darby (R-San Angelo), Chairman of the Texas House Energy...more

Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims

A Washington district court has recently held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) displaces federal common law public nuisance claims for damages. (Anderson v. Teck...more

FedEx Asks Federal Appeals Court to Block California Enforcement Case Alleging Mismanagement of Damaged Products

On February 23, 2015, FedEx Ground Package System, Inc. (“FedEx”) filed an appeal in the U.S. Court of Appeals for the Ninth Circuit (“9th Circuit”), seeking to block an enforcement action brought by the State of California...more

California’s Fracking Preemption Battle Moves Forward in San Benito County

Oil company Citadel Exploration, Inc. has reportedly filed a lawsuit against San Benito County, arguing that the County’s voter-sponsored ban on various types of well stimulation—often referred to generally as hydraulic...more

CEQA Update: Three New Court of Appeal Decisions Issued; Key Supreme Court Rulings Expected (and the Sacramento Kings are on a...

2015 is shaping up to be another active year for CEQA judicial review. After taking an extended holiday break, the Courts of Appeal have recently published three decisions, two of which reinforce existing case law on how to...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

Washington Federal Court Finds Nuisance Claims Displaced by CERCLA

Expanding the reach of the federal displacement doctrine and the U.S. Supreme Court’s decision in AEP v. Connecticut, a federal district court for the first time held that the Comprehensive Environmental Response,...more

North Carolina’s Amended Repose Law Fails to Save Barred Toxic Tort Claim

Notwithstanding the intent of the North Carolina legislature, a federal court ruled that the state’s recently amended law exempting groundwater contamination suits from a 10-year statute of repose did not save a latent toxic...more

California Environmental Law & Policy Update - January 2015 #3

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more

Amendment to the Kazakhstan Legal Regime for the Oil & Gas Industry

The Law of the Republic of Kazakhstan “On introduction of amendments and additions to certain legislative acts on subsoil use matters” No. 271-V 3PK was adopted on 29 December 2014 and, save for the specified provisions,...more

Prairie Dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more

Industry Challenging County and Municipal Bans on Multiple Fronts

Municipalities and counties have joined forces with environmental groups to halt hydraulic fracking and related well stimulation techniques. Environmental groups have filed suits under the National Environmental Policy Act...more

The Federal Surface Transportation Board Finds California Environmental Quality Act Preempted as Applied to High-Speed Rail...

In a surprising decision, Surface Transportation Board Decision, Docket No. FD35861, December 12, 2014 (“Docket”), the Federal Surface Transportation Board (“Board”) ruled that the application of the California Environmental...more

Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims

The United States Supreme Court denied a petition for certiorari earlier this month after the Iowa Supreme Court held in June that the plaintiffs' nuisance claims were not pre-empted by the Clean Air Act (CAA) in Freeman v....more

“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A...

Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the...more

Surface Transportation Board Rules That ICCTA Preempts CEQA Review of California’s High-Speed Train System

On December 12, 2014, the Surface Transportation Board (STB) issued a decision, in response to a petition filed by the California High-Speed Rail Authority (Authority), finding that the Interstate Commerce Commission...more

High Speed Rail Moves Forward Without CEQA Review

The Surface Transportation Board (“STB”) issued a declaratory order in a 2-1 vote last Friday, finding that the California Environmental Quality Act (“CEQA”) is categorically preempted by federal law, as it relates to the...more

Fracking Preemption Fight to Play Out in San Benito County

It appears that San Benito County will be the venue for the much-anticipated legal battle over whether local jurisdictions in California can ban hydraulic fracturing. In early November, San Benito County passed a...more

Federal Preemption May Be The Key For Calif. Railroads

Railroad operators across the U.S. are seeing a bright future due to the resurgence in freight rail traffic. Intermodal (i.e., cargo container) shipping is booming. In 2013, intermodal volume on the major railroads totaled...more

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