Newsletter Articles

Ninth Circuit Interprets NCP Defense in Superfund Cost Recovery Case

February 8, 2006

The Ninth Circuit Court of Appeals recently held that a local government could not recover its cleanup costs because it did not comply with public participation requirements contained in the National Contingency Plan (“NCP”). Carson Harbor Village, Ltd v. County of Los Angeles, 2006 WL 62299, (9th Cir.2006). The Court, citing decisions from other federal courts, including the Second Circuit, held that there was not “significant” public involvement in the plaintiff’s cleanup. Id. More »

Litigation Renewed Over Impact of Navy’s Use of Sonar on Marine Mammals

February 8, 2006

For at least the last decade, conservation groups and scientists have argued that low- and mid-frequency sonar used in military exercises causes stranding, mortality, and disruptions of marine mammals. In spite of this opposition, the U.S. Navy has not only continued to use sonar in military exercises but plans to expand its array of sonar systems in 2006. The Natural Resources Defense Council (NRDC) and other environmental groups sued the U.S. Navy in October 2005 over these activities under the National Environmental Policy Act (NEPA), 42 U.S.C. More »

NEPA Categorical Exclusion for Timber Salvage Upheld

February 8, 2006

On January 18, 2006, the Tenth Circuit Court of Appeals affirmed a categorical exclusion which allows for the salvage of dead or dying trees on up to 250 acres without preparation of an environmental impact statement (EIS) or environmental assessment (EA) under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq. Colorado Wild v. United States Forest Service, --F.3d--, 2006 WL 122468 (10th Cir. 2006). More »

EPA and DOD Issue New Guidance for Perchlorate Contamination

February 1, 2006

Despite substantial disagreement within the scientific community, EPA’s Office of Solid Waste and Emergency Response (OSWER) and the Department of Defense (DOD) each recently issued guidance establishing preliminary remediation goals for perchlorate, a contaminant associated with explosives and found in groundwater at many military facilities. The new guidance establishes a cleanup standard of 24.5 parts per billion (ppb) in groundwater. More »

Areas Designated Nonattainment for PM2.5 Could Increase Significantly under Proposed EPA Air Quality Standards

February 1, 2006

On December 20, 2005, EPA issued proposed amendments to the primary and secondary National Ambient Air Quality Standards (“NAAQS”) for particulate matter. See, 71 Fed. Reg. 2620 (Jan. 20, 2006). The NAAQS are the cornerstone of the Clean Air Act. 42 U.S.C. § 7409. Primary standards specify limits on the concentration of air pollutants in the ambient air that are adequate to protect public health, with a margin of safety. 42 U.S.C. § 7409(b)(1). More »

Department of Defense to Pay 21% of Massive Perchlorate Cleanup

February 1, 2006

The United States Department of Defense (“DOD”) recently agreed to pay over $20 million dollars for past response costs and 21% of future response costs to settle its potential liability under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) for perchlorate contamination at a former ammonium perchlorate manufacturing facility in Henderson, Nevada (the “Henderson Site”). Tronox LLC v. U.S., Case No. 1:00CV01285 EGS (Dist. D.C.). More »

Federal Court Halts Pacific Northwest Logging

January 25, 2006

On January 9, 2006, the United States District Court for the Western District of Washington enjoined hundreds of timber sales in Washington, Oregon, and California. Northwest Ecosystem Alliance v. Rey, 2006 WL 44361, *7 (W.D. Wash. 2006). District Court Judge Marsha Pechman’s decision follows an order she issued in August 2005, ruling that a 2004 Supplemental Environmental Impact Statement issued by the Departments of Interior and Agriculture (Departments) failed to comply with the National Environmental Procedures Act (NEPA), 42 U.S.C. More »

ESA Suit to List Polar Bears Targets U.S. Position on Global Warming

January 25, 2006

Three conservation groups recently filed a lawsuit against the U.S. Fish and Wildlife Service under the Endangered Species Act (ESA) to require listing of polar bears as threatened under the ESA. This lawsuit alleges that polar bear populations are at significant risk due to the shrinking polar ice cap. Although lawsuits seeking listing decisions are common, this particular suit could open a new debate in listing decisions regarding the authenticity of the claim that global warming threatens particular species. More »