Environmental

Recent Posts

Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

GAO: States are under reporting drinking water violations
Posted on 6 Aug 2011 by Thomas H. Clarke, Jr.

EPA has delegated enforcement of drinking water standards to most States. EPA depends on the reported data to monitor the effectiveness of the Safe Drinking Water Act (SDWA) program. To assess the accuracy of the data reported, EPA asked GAO to audit... Read More

World Health Organization (WHO) Issues Life Stage Guidance for Risk Assessment
Posted on 9 Jan 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block According to WHO, a significant challenge exists with monitoring and assessing individual and population level exposure and risk to environmental chemicals associated with how to consider age and life... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

GAO: States are under reporting drinking water violations
Posted on 6 Aug 2011 by Thomas H. Clarke, Jr.

EPA has delegated enforcement of drinking water standards to most States. EPA depends on the reported data to monitor the effectiveness of the Safe Drinking Water Act (SDWA) program. To assess the accuracy of the data reported, EPA asked GAO to audit... Read More

Smoke from fires can travel thousands of miles impacting weather, climate, and air quality
Posted on 4 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted the impact of fires in Southeast Asia on air pollution throughout the region. While it has been known for decades that large wildfires can create or enhance thunderstorm clouds, leading to what are called pyrocumulonimbus clouds... Read More

Ninth Circuit rules that owners of storm water systems (e.g., cities, counties, districts) are liable for discharges of polluted stormwater into rivers and ocean
Posted on 11 Mar 2011 by Thomas H. Clarke, Jr.

It is well known that stormwater gathers a variety of pollutants as it flows across the landscape and even through stormwater drainage systems. See, for example, http://cfpub.epa.gov/npdes/home.cfm?program_id=6 and http://www.epa.gov/owow_keep/NPS/index... Read More

World Health Organization (WHO) Issues Life Stage Guidance for Risk Assessment
Posted on 9 Jan 2012 by E. Lynn Grayson

By E. Lynn Grayson, Partner, Jenner & Block According to WHO, a significant challenge exists with monitoring and assessing individual and population level exposure and risk to environmental chemicals associated with how to consider age and life... Read More

Some bacteria found on grocery store meat are resistant to antibiotics, often many antibiotics
Posted on 15 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted the unfortunate tendency in much of the world, including the U.S., to over prescribed antibiotics (even for conditions in which antibiotics are of no use whatsoever [e.g., viral infections]), resulting in disease-causing organisms... Read More

Eighth Circuit "clarifies" issues left unresolved in U.S. Supreme Court's Atlantic Research and Cooper Industries opinions
Posted on 9 Apr 2011 by Thomas H. Clarke, Jr.

In 1983, the City sought to restore a long closed well for use as a drinking water resource. It received complaints re taste and odor. The State of Nebraska and EPA investigated, and ultimately the site was added to the NPL in 1986. EPA determined that... Read More

9th Circuit upholds California's Vessel Fuel Rules in face of constitutional challenge
Posted on 4 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted that California issued Vessel Fuel Rules designed to reduce air pollution created by ships moving along the coast. The Pacific Merchant Shipping Assoc. sued, alleging that it was unconstitutional to apply such rules to shipping... Read More

NRDC challenge to EPA approval of California CAA SIP fails
Posted on 4 Apr 2011 by Thomas H. Clarke, Jr.

California submitted a Clean Air Act State Implementation Plan to the EPA for approval. Pursuant to the "conformity rule" under 40 C.F.R. Section 93.118, the EPA conducted a review to determine whether the SIP's motor vehicle emissions budgets... Read More

Even toxics can act as a generic selection factor in the environment
Posted on 22 Feb 2011 by Thomas H. Clarke, Jr.

One of the themes of this blog has been that virtually anything present in the environment can act as a selection factor influencing the course of evolution. A recent study on fish and PCB's and dioxins illustrates this point. Unfortunately for humans... Read More

Humans can transmit diseases to gorillas
Posted on 30 Apr 2011 by Thomas H. Clarke, Jr.

Prior posts have noted and described a number of human diseases that had their origin in animals. Now it appears that some diseases can be transmitted from humans to gorillas. Ecotourism has been seen as a boon for countries with "interesting"... Read More