Edgcomb Law Group – Edgcomb Law Group

Denied CEQA Challenge Remanded for Failure to Attach Corrective Action Plan to Negative Declaration

The California Fourth District Court of Appeal, in Citizens for a Responsible Equitable Environmental Development v. City of Chula Vista (June 10, 2011), remanded a lawsuit challenging the City of Chula Vista’s (“City”) decision…more
| Environmental Law

Ninth Circuit Holds That Dry Cleaning Equipment Manufacturer Is Not Liable as an Arranger under CERCLA or on State Law Nuisance and Trespass Claims

In Team Enterprises, LLC v. Western Investment Real Estate Trust, No. 10-16916, 2011 U.S. App. LEXIS 15383 (9th Cir., Cal. July 26, 2011), the Ninth Circuit held that the manufacturer of a machine used in the dry cleaning…more
| Environmental Law

United States Supreme Court Holds that the Clean Air Act Displaces Federal Common Law Public Nuisance Law and Prohibits Nuisance Claims Against Carbon-Dioxide Emitters

United States Supreme Court Holds that the Clean Air Act Displaces Federal Common Law Public Nuisance Law and Prohibits Nuisance Claims Against Carbon-Dioxide Emitters…more
| Environmental Law

CERCLA: Supreme Ct Affirms EPA's Authority to Issue PRPs Unilateral Orders

On June 6, 2011, the Supreme Court denied a petition for certiorari by General Electric to hear the appeal of General Electric v. Jackson, a lengthy case in which GE had unsuccessfully challenged the constitutionality of the…more
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SWRCB Releases Draft of New Storm Water Industrial General Permit

The State Water Resources Control Board (the Board) has released its draft NPDES Industrial General Permit (draft Industrial General Permit). The Board has released a document detailing major changes and new requirements…more
| Environmental Law

DTSC Delays California Green Chemistry Initiative Implementation

Implementation of California’s Green Chemistry Initiative titled “Safer Consumer Product Alternatives” has been delayed indefinitely beyond the January 1, 2011 statutory adoption deadline. The deadline was established by…more
| Environmental Law

10th Circuit Holds that EPA May Change Tentative Interpretation of Regulation without Following Procedural Requirements of the Administrative Procedure Act

In United States v. U.S. Magnesium, No. 08-4185, the 10th Circuit United States Court of Appeals addressed whether failure to comply with the notice and comment procedures of the Administrative Procedure Act (“APA”) precluded…more
| Environmental Law

EPA and DOT Propose Nation's First Greenhouse Gas Emissions Regulations For Heavy Trucks

Responding to a Presidential directive to take coordinated steps to produce a new generation of clean vehicles, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) announced last week…more
| Environmental Law

Ninth Circuit Grants Non-Settling PRPS a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree

In United States, et al. v. Aerojet General Corp, et al., the United States Court of Appeals for the Ninth Circuit held that non-settling Potentially Responsible Parties (“PRPs”)have a right to intervene under Federal Rule of…more
| Environmental Law

Baselines Under CEQA Must Be Set According To Existing Conditions

The California Supreme Court affirmed that the baseline for environmental analysis of new projects under CEQA are the physical conditions actually existing at the time of the CEQA impacts analysis, rather than the maximim…more
| Environmental Law
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Areas of Practice
  • Environmental Law
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