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Author: Kimberly Bick

The Supreme Court Creates “Functional Equivalent” Test in Clean Water Act Case

Mon Apr 27th, On Litigation, by

Last Thursday, the Supreme Court tried to balance the federal regulation of point-source pollution with states’ regulation of nonpoint-source pollution under the Clean Water Act (“CWA”) in County of Maui v. Hawaii Wildlife Fund. The Supreme Court’s majority opinion left as many questions as answers, however, as it created a new “functional equivalent” standard, but failed to define what constitutes the “functional equivalent” of a “direct discharge.” In short, a […]

U.S. Supreme Court Rules in ARCO v. Christian That State Law Monetary Claims Can Proceed, But Parallel Restoration Claims Under State Statute at a Superfund Site Require EPA Approval

Tue Apr 21st, On Environmental Law, by

The Supreme Court ruled today on an important environmental case involving common law and state statutory claims (Atlantic Richfield Co. v. Christian et al., case number 17-1498).The question before the court was whether Atlantic Richfield Company (“ARCO”) is liable for remediation by landowners at a Superfund site beyond that required by the Environmental Protection Agency (“EPA”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The answer is “yes—so […]

Tips For Improving Air Quality While Sheltering In Place

Mon Apr 20th, On Sustainability, by

Now that we are all stuck at home, it is a good time to check out our indoor air quality.  What could be polluting the air in your home? Pollutants can include emissions from combustion devices and gas-fired appliances, such space heaters, ranges, ovens, stoves, furnaces, fireplaces, and water heaters; cleaning supplies; pet dander; house dust mites; and mold.  In particular, during the COVID-19 pandemic, we are all constantly cleaning […]

COVID-19 Silver Lining – Low Gasoline Prices – But at What Cost?

Fri Apr 17th, On Rulemaking and Legislative Practice, by

If you live in California, you may have noticed the steep decline in prices at the pump. You can thank the U.S. EPA for that.  Every spring, gas prices seem to skyrocket. The difference between summer- and winter-grade gasoline involves the Reid Vapor Pressure (RVP) of the fuel. RVP is a measure of how easily the fuel evaporates at a given temperature. The more volatile a gasoline (higher RVP), the […]

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