Jump to Navigation

Newsletter Articles

Ninth Circuit Limits Recovery of Insurance Payments under CERCLA

March 21, 2013

The United States Court of Appeals for the Ninth Circuit recently held that an insurance company cannot recover insurance payments made to a policyholder under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), unless the policyholder first pursues a separate claim to recover environmental response costs from other potentially responsible parties (PRPs).< More

Unanimous House Vote Highlights Potential of Small Hydroelectric Projects

March 7, 2013

On February 13, the House of Representatives passed H.R. 267, the Hydropower Regulatory Efficiency Act of 2013. The House’s 422-0 vote was an encore for the bill, which unanimously passed the House in 2012 but did not come to vote in the Senate before the close of the 112th Congress. More

Energy and Environmental Bills Before Washington, Oregon and California Legislatures

March 6, 2013

California, Oregon and Washington are in the midst of their 2013 legislative sessions. In this article, we summarize select bills relating to energy and the environment that could broadly affect business and industry in these Western states. More

Voluntary Cleanup Held to Trigger Right of Indemnity Under Military Base Closure Act

February 26, 2013

The Defense Department has closed dozens of bases and other federal facilities in the past twenty years and is likely to close many more over the next several years as part of the belt-tightening needed to reduce the federal deficit. Many of these former facilities have been redeveloped. More

California Faces More Litigation over AB 32

February 26, 2013


In a recent issue, we discussed the implications of the latest court decision in Citizens Climate Lobby and Our Children’s Earth Foundation v. More

EPA Finalizes Hazardous Air Emission Rules for Boilers and Process Heaters Affecting 90,000 Facilities

February 20, 2013

EPA’s standards for hazardous air emissions from boilers and process heaters, commonly referred to as “Boiler MACT,” were formally published on January 31, 2013.[1] Boilers and heaters that were constructed after June 4, 2010 must meet the new requirements immediately; older units must come into compliance over the next three years, unless cont More

EPA Cannot Regulate Stormwater Flow, Only Pollutants in Stormwater

February 20, 2013

In a case of first impression, a federal court held last month that the Environmental Protection Agency (“EPA”) cannot regulate storm water flow in setting a total maximum daily load (TMDL) for impaired waters under the Clean Water Act (“CWA”).[1] The court found that EPA can only issue TMDLs for actual pollutants. More

Controversy Over LNG & Oil Exports Heats Up As Production Expands

February 11, 2013

In our article Energy Policy in the Second Obama Administration, we recently reported on a broad array of energy and energy-related environmental policies that will be addressed during President Obama’s second term – particularly policies that relate to the dramatic surge in domestic natural gas and oil produc More