Ninth Circuit Grants Non-Settling PRPs a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree
	Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107
	California Releases Proposed Green Chemistry Regulation

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Ninth Circuit Grants Non-Settling PRPs a Right to Intervene to Protect Interests in Contribution and in the Fairness of Proposed Consent Decree

Posted by David Chapman, Esq.

In United States, et al. v. Aerojet General Corp, et al. (606 F.3d 1142; 2010 U.S. App. LEXIS 11131), the United States Court of Appeals for the Ninth Circuit held that non-settling Potentially Responsible Parties (“PRPs”)(referred to by the court as “Applicants”) have a right to intervene under Federal Rule of Civil Procedure 24(a)(2) and § 113(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)(42 U.S.C.S. § 9613(i)) in a lawsuit brought by the United States Environmental Protection Agency (“EPA”) for the purpose of obtaining court approval of the lawsuit’s settlement.  

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Ninth Circuit Holds That Under CERCLA, Declaratory Relief Is Not Available If Past Costs Are Not Established Under Section 107 

Posted by Michael Einhorn, Esq.

In City of Colton v. American Promotional Events Inc.-West, et al., No. 06-56718 (9th Cir. Aug. 2, 2010), the Ninth Circuit considered the issue of whether a CERCLA plaintiff’s failure to establish liability for its past costs precludes its bid to obtain a declaratory judgment as to liability for its future costs as a matter of law, an issue of first impression in the Ninth Circuit.  The court concluded “that declaratory relief is available only if liability for past costs has been established under [CERCLA] section 107.”

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California Releases Proposed Green Chemistry Regulation

Posted by Courtney LeBoeuf, Esq.

On September 14, 2010, California’s Department of Toxic Substances Control (“DTSC”) released the Green Chemistry Proposed Regulation for Safer Consumer Products, also known at the “Green Chemistry” regulations.  DTSC’s adoption of the regulation, required by AB 1879 (Feuer, 2008), was signed into law by Governor Schwarzenegger and establishes a process for the identification and prioritization of chemicals of concern and the performance of alternatives assessments .

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• EPA Publishes Case Study of Solar Farm Located on Sacramento, CA Superfund Site
• Ninth Circuit Defines “Current Ownership” for Purposes of CERCLA Liability
• California Supreme Court Holds that Public Entities May Retain Private Counsel on a Contingency Fee Basis to Prosecute Public Nuisance Actions in Certain Circumstances

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