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Thomas H. Clarke, Jr.
EPA moves forward on setting NAAQS for NO2 without following the Bush Administration notice of proposed rulemaking process

In 2006, the Bush Administration established a new procedure for setting national ambient air quality standards (NAAQS) for criteria air contaminants [aka criteria pollutants; see http://en.wikipedia.org/wiki/Criteria_pollutant ]. EPA was to issue a notice...

Tags: Air Quality
Gabrielle Sigel and Michael R. Strong
Jenner & Block: U.S. EPA Proposes Mandatory Greenhouse Gas Emission Reporting Rule for Emissions From Stationary and Mobile Sources

In this Emerging Issues commentary, Gabrielle Sigel and Michael R. Strong of Jenner & Block discuss the U.S. EPA’s proposed rule, released March 10, 2009, for mandatory reporting of greenhouse gas (GHG) emissions, required by an appropriations...

Thomas H. Clarke, Jr.
Climate change, a pessimistic view, or is it realistic?

At a meeting in Copenhagen, four environmental scientists stated that sea levels may rise nearly twice as rapidly as had been forecast two years ago by the U.N. International Panel on Climate Change. Their warning was meant for the politicians who will...

Thomas H. Clarke, Jr.
In California, following a mistrial, the plaintiff/cross-complainant may revive a claim abandoned prior to the first trial

In California, a new trial leaves the parties in the same position as if the first trial had never taken place. Thus, in Gordon v. Nissan Motor Co. (2009), 170 Cal. App. 4th 1103 , plaintiff abandoned one of his claims prior to trial. After a mistrial...

Thomas H. Clarke, Jr.
California court may not require an evidentiary showing as a condition precedent to allowing a complaint to be amended

California takes a generous attitude toward amending complaints; a plaintiff will be granted leave to amend his/her/its complaint if there is a reasonable possibility that the plaintiff can state a cause of action, whether in tort, contract, or equity...

Thomas H. Clarke, Jr.
California State Water Resources Control Board resurrects the primary/secondary liability determination vis-à-vis a site clean-up

Over the years, the SWRCB has applied the concepts of primary-secondary liability for a number of years, and then moved away from that distinction, finding everyone equally liable [in essence taking the position that it was up to the responsible parties...

Tags: CERCLA