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November 2008 Newsletter

• In Times Of Trouble, Uneven Enforcement Is An Added Burden
  
• Watch California Laws For The “New Regime” In Congress
  
• Prove Your Case From The Beginning?
  
• San Joaquin Valley Builders Hammered By “Indirect Source Rule”
  
• The “Governator” Vetoes Some Environmental Enforcement Bills
  
• Supreme Court to Take on “Divisibility” of Joint and Several Liability

September 2008 Newsletter

• San Francisco Bay Area Air Quality Management District Will Collect Fees for Carbon Dioxide Emissions
  
• Canada – First Bisphenol-A (polycarbonate drinking bottles); now 11 more chemicals
  
• Court Affirms that Contracts Are Interpreted By Judges, Not Juries
  
• Do It Yourself Brownfields Cleanups?
  
• New Law Requires Considering Vapor Intrusion Pathways In Cleanups
  
• Air Quality District Sniffs Out Hexavalent Chromium in Clinker
  Dust from Cement Plant – Two Miles Away

July 2008 Newsletter

• Insurance Company Balks at Legal Fees When Spill Pilot Faces Criminal Charges.
  
• Insurance Policies Are Contracts; Unambiguous Language Will Be Enforced.
  
• Nanotubes Could Be as Dangerous as Asbestos.
  
• Silver Nano Particles: Smelly Socks vs. Health Risk?
  
• Asbestos Prosecutions Are Back in the Bay Area.
  
• Oil Companies To Pay $423+ Million to Settle MTBE Lawsuits.

June 2007 Newsletter

• Poker Players Lose a Bet on Estoppel of the Government
  
• Farm and Factory Ponds are Not Protected Wetland So Says The Ninth Circuit
  
• Why We Can't Predict The Outcome of Your Case
  
• Pretexting Can Lead to Personal Liability
  
• Appeals Court Calls MTBE Threat to Human Health
  
• The Indian Religious Freedom Act Prevails Over Green Ski Resort

September/October 2006 Newsletter

• California’s Environmental Covenant Applies to Residual Contamination
  
• CERCLA – Contribution Rights Continue to Be a Primary Concern
  
• Jim Arnold Re-Elected Secretary of the ABA Section of Environment, Energy, & Resources
  
• The Problem With the “Undead” – UST Cases Are Re-Opened
  
• Cutting Off a Landowner’s Well Is Not a Compensable Taking

August 2006 Newsletter

• When Trees in Street Block Billboards, Owner Gets No $$
  
• Road & Access Law
  
• San Jose Appeals Court Denies CGL Insurance Coverage for Successful Pollution Investigation
  
• More Info on Vapor Intrusion
  
• Violations of Law ≠ Automatic Injunctions

July 2006 Newsletter

• Enforcement Penalties Paid in 2003
  
• Is the Government Dealing Itself a “Get Out of Jail Free” Card in Superfund Cases?
  
• Road & Access Law
  
• What is “Vapor Intrusion”?
  
• Why & How to Handle “Vapor Intrusion” Questions

June 2006 Newsletter

• “Environmental Professionals” Not Listed by EPA
  
• EU’s New “REACH” Law $500K
  
• Fine for Violations of Construction Permit
  
• $63,000 for Injection Well Violations By Pickle Company

May 2006 Newsletter

• Cal ReUSE Loans for Brownfield Redevelopment
  
• “Taking” by Raw Sewage
  
• Prop. 65 – Generic Warnings and Settlements Can Be a Trap

April 2006 Newsletter

• Real Estate Agent Liable for Buyer’s Premature Sale
  
• Increasing Property Values Means More Fights Over Fences, Driveways, and Easements
  
• Owner Owes Employee of Independent Contractors for Hidden Hazards
  
• Careful Property Owners Know About “Permission to Pass” Signs

March 2006 Newsletter

• $10 Million for Orphan UST Site Cleanups
  
• Naturally Occurring Asbestos – Developers and Owners Beware
  
• The Lesson of Carson Harbor Village – First you get an environmental lawyer, and then you do the cleanup.

February 2006 Newsletter

• US EPA Cracks Down on Developers
  
• New Supreme Court Set to Reconsider SWANCC
  
• Cutting of “Movie Star” “Parrot Trees” Prompts Landmark Tree Ordinance

January 2006 Newsletter

• USEPA Issues the New “All Appropriate Inquiry Rule”
  
• 10th Circuit Finds Criminal Liability for Negligent Violations of Clean Water Act
  
• California Appeals Court OKs Prop. 65 “fine print” warning that is not in “health hazard data”

October 2005 Newsletter

• USEPA’s “All Appropriate Inquiry Rule” Reportedly Near Issuance
  
• Surprise! You Can Discharge a Pesticide into “Waters of the U.S.” Without a Permit
  
• 9th Circuit Closes “Backdoor” to Indian Tribe Suing Government Over Water Levels in Arizona Reservoir