Barg Coffin Lewis & Trapp, LLP

350 California Street 22nd Floor
San Francisco, CA 94104-1435, United States

  • 415 228 5400
  • 415 228 5450

2014 Saw A Wave of Environmental Law Changes

The past year saw several developments in environmental law at both state and federal levels, particularly regarding water supply, water quality and regulation of greenhouse gas emissions. As federal regulators tightened the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 Termination…more
| Conflict of Laws, Construction Law, Environmental Law, Zoning, Planning & Land Use, Transportation

Utah Prairie Dog Could Narrow Endangered Species Act

A Utah federal court has created the potential for a constitutional showdown that could result in a significant narrowing of the Endangered Species Act and further limiting Congress’ power to legislate. In an unprecedented…more
| Civil Procedure, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

US EPA Appears to Put TSCA Fracking Rule On Ice

A November 2014 report on anticipated regulatory actions by the US Environmental Protection Agency (“EPA”) indicates that development of a potential rule requiring manufacturers and processors of fracking chemicals to report…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

DTSC’s Lien Procedure Found to Violate Due Process

In Van Horn v. Department of Toxic Substances Control (“DTSC”), a California Court of Appeal found that DTSC’s procedure for imposing liens on property under the California “Superfund” law violates due process of law…more
| Civil Procedure, Civil Remedies, Constitutional Law, Environmental Law, Real Estate - Commercial

Double Whammy for State Fuel Suppliers

The California Air Resources Board (CARB) is poised to readopt the Low-Carbon Fuel Standard (LCFS) regulation in early 2015. With its readoption, CARB hopes to put to rest challenges that required a redo of the environmental…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

CEQA Alert: Court of Appeal Rules Against San Diego Agencies in Two Separate CEQA Challenges Involving Greenhouse Gas Emissions Reduction Planning Documents

Two recent decisions by California’s Fourth Appellate District highlight the CEQA compliance challenges facing local governments charged with implementing state and local greenhouse gas (GHG) emissions reduction mandates…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 voter-sponsored…more
| Conflict of Laws, Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 12.8…more
| Civil Procedure, Conflict of Laws, Environmental Law, Zoning, Planning & Land Use, Transportation

Utah Federal Judge: ESA Rule Is Unconstitutional

In a ruling that, if upheld and followed, would significantly limit the reach of federal environmental regulation, a Utah federal judge determined that regulation of a purely intrastate species listed as threatened under the…more
| Civil Procedure, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

Environmental Groups Seek to Derail Bakersfield Crude-by-Rail Project

A coalition of environmental groups has filed a lawsuit challenging Kern County’s approval of the first substantial oil-by-rail expansion project at a California refinery, alleging that the comprehensive Environmental Impact…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Transportation

Work Plan Signals Expanded Calif. Green Chemistry Program

As part of its Safer Consumer Products Regulation (SCPR) under California’s Green Chemistry Initiative, the Department of Toxic Substances Control (DTSC) on September 13, 2014 issued its Draft Priority Product Three-Year Work…more
| Administrative Law, Commercial Law & Contracts, Environmental Law, Consumer Protection, Science, Computers, & Technology

Proposition 65 Warning Requirement for DINP Set to Take Effect in December

Beginning December 20, 2014, companies with ten or more employees that manufacture, distribute or sell products in California containing Diisononyl phthalate (DINP) will be required to provide “clear and reasonable” warnings…more
| Commercial Law & Contracts, Environmental Law

EPA Announces Final Rule Eliminating ASTM Phase I ESA Standard E1527-05 from CERCLA “All Appropriate Inquiries Rule”

On October 6, 2014, the EPA announced a final rule amending the “All Appropriate Inquiries Rule” [40 CFR Part 312] (“AAI Rule”) for conducting environmental site investigations of potentially contaminated property…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Residential, Toxic Torts, Real Estate - Commercial

CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA

California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court, the…more
| Commercial Law & Contracts, Environmental Law, Zoning, Planning & Land Use, Transportation
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Areas of Practice
  • Commercial Law & Contracts
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Insurance
  • Litigation
  • Real Estate
  • Toxic Torts
  • Zoning, Planning & Land Use
Number of Attorneys

11-24 Attorneys

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