Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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EPA Proposes to Revise Ozone NAAQS

On November 25, 2014, EPA issued a proposal to revise the National Ambient Air
Quality Standards (“NAAQS”) for ozone. The Federal Register will publish the
proposed rule in the coming days, and interested parties will be able to comment
for ninety days from the date of publication. EPA plans to hold three public
meetings regarding the proposed rule in January 2015. The dates, times, and
locations of these meetings will be published separately in the Federal
Register. Read More ›

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect.  In the category of consumer exposures, manufacturers, brand owners, distributors, and retailers of products containing DINP will run the risk of being sued under Proposition 65 unless a clear and reasonable warning is provided for exposure to a Proposition 65 carcinogen or unless the regulated party can demonstrate that exposure from the product is below a level that would create a significant risk of causing cancer (a “no significant risk level,” or “NSRL”). Read More ›

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the
largest developer of greenhouse gas (GHG) offset credits in the U.S.,
Environmental Credit Corp. (ECC), secure a favorable determination from the
California Air Resources Board (CARB) with respect to its investigation of GHG
offsets generated at the Clean Harbors facility in El Dorado, Arkansas. Read More ›

Conflict Minerals: D.C. Circuit to Reconsider Conflict Minerals Ruling; Initiatives Proceed in the European Union and China

Recent developments in the U.S., European Union and China underscore the dynamic
nature of evolving supply chain due diligence requirements and expectations for
companies sourcing tin, tantalum, tungsten and gold.  The following news alert
highlights activities that may influence companies’ approaches to conflict
minerals in the near term. Read More ›

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

In a win for property owners and project proponents, a Utah federal district
court has ruled that the United States Constitution does not authorize the U.S.
Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah prairie dog as
a listed “threatened” species living on private lands within a single state. The
ruling departs from five federal appellate courts that have reached the opposite
conclusion for other similarly situated species, and calls into question some of
the key legal foundations of the Endangered Species Act (“ESA”) as applied to
species with confined ranges.  The court’s ruling also could curtail the
Service’s ability to tailor protective rules and designate critical habitat for
in-state populations of threatened species that exist in multiple states.  The
decision is available here (People for the Ethical Treatment of Property Owners
[“PETPO”] v. U.S. Fish and Wildlife Service, No. 2:13-cv-00278-DB (D. Utah
Nov. 5, 2014)).  Read More ›

California Department of Transportation Assistant Chief Counsel David McCray Joins Beveridge & Diamond

David McCray, who has served since 2007 as the senior environmental lawyer for of the California Department of Transportation (Caltrans), joined Beveridge & Diamond, P.C. (B&D) as Of Counsel in the Firm’s San Francisco office on November 17, 2014.  Mr. McCray joins the Firm’s active national project development practice, where he will assist clients with environmental reviews, permitting and approvals from a wide range of federal and state natural resources agencies, and litigation defense of project decisions and policies. Read More ›

New Jersey Landowner Forfeits Damages by Allowing Defendant to Remediate

In what may be a cautionary tale for owners of contaminated property, a New Jersey appellate court has ruled that a landowner forfeited any claim to property damages when he allowed the responsible party to perform remediation. The court reaffirmed that landowners alleging contamination of their property must choose between either the diminution in property value or the reasonable costs of remediation; they cannot have both. See Favorito v. Puritan Oil Co., Inc., No. A-o (N.J. App. Ct. Apr. 29, 2014). Read More ›

Texas High Court Finds Expert Opinion on Stigma Damages Too Speculative

Clarifying when expert testimony on alleged diminution in property value becomes legally sufficient to support a so-called “stigma” claim, the Texas Supreme Court struck down a $350,000 jury verdict based on environmental contamination of Plaintiff’s property. See Houston Unlimited, Inc. Metal Processing v. Mel Acres Ranch, No. 13-0084 (Tex. Aug. 22, 2014). Read More ›

South Carolina Federal Court Allows RCRA Claim for Medical Monitoring

Finding that the medical monitoring relief requested by Plaintiffs would be primarily injunctive in nature, a federal district court in South Carolina denied Defendants’ motion to dismiss and allowed Plaintiffs’ request for medical monitoring under the Resource Conservation and Recovery Act (RCRA) to remain in the case. See Easler v. Hoechst Celanes Corp.,No. 7:14-00048-TMC (D.S.C. Aug. 5, 2014). Read More ›

Minnesota Federal Court Clarifies Pleading Standard in Vapor Contamination Case

In an opinion that may help clarify the jurisdictional and pleading requirements for plaintiffs seeking damages and injunctive relief for alleged injuries from vapor intrusion, the federal district court in Minnesota denied a Defendant’s motion to dismiss such claims. See Ebert v. General Mills, Inc., Civil No. 13-3341 (D. Minn. Sept. 14, 2014). Plaintiffs in Minneapolis filed suit against General Mills, Inc., alleging their homes were contaminated by trichloroethylene (TCE) vapors that migrated from buried drums at a nearby General Mills facility. Plaintiffs brought claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA), in addition to common law nuisance and negligence claims. Read More ›