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ELG To Launch Fracking Website

Later this month, Edgcomb Law Group LLP will launch the California Fracking Law website, (, a website geared toward providing practitioners and the general public with a comprehensive look into the law governing hydraulic fracturing (“fracking”) in California.  California is the fourth largest oil- and gas-producing state in the country and could have as much as two-thirds of all the shale oil in the continental United States.  Indeed, some predict that California is on the verge of a second oil boom because of the recent technological advancements in fracking – advancements that allow drilling operators to tap into the vast oil reserves present in the previously inaccessible Monterey Shale Formation.  This potential increase in activity, however, is being hotly debated and 2013 is shaping up to be a milestone year for the issue of how fracking will be regulated in California.  As it stands, the oil and gas industry, state and  local governments, environmental associations, and land owners alike are searching for information. is intended to be a valuable resource on this topic and will provide updates on California fracking law (frequent blogs summarizing the law, current events, etc.), highlights on legislative activities, a list and links to informative resources, copies of relevant case law, and information on upcoming activities such as CLEs, seminars, etc.  Look for it soon!


  1. EPA is proposing a regulation that would strengthen controls on discharges from certain steam electric power plants by revising technology-based effluent limitations guidelines and standards for the steam electric power generating point source category.  Comments on proposed rule due August 6, 2013. Click here for more information.
  2. EPA is to propose changes to water quality standards regulation.  Click here for more information.
  3. EPA expects to list its Final Rule under the Safe Drinking Water Act Underground Injection Control Program to create a new class of injection wells for geological sequestration of carbon dioxide.  Click here for more information.
  4. EPA is developing a proposal to establish reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA) for chemical substances when manufactured or processed as nanoscale material.  Click here for more information.
  5. EPA plans to propose an electronic reporting rule that will impact NPDES permitees and certain agencies.  Click here for more information.

New EPA Policy Regarding Bona Fide Prospective Purchaser Benefits for Tenants

Posted by Mary E Wilke, Esq.

In December 2012, the Environmental Protection Agency (“EPA”) adopted a new policy setting forth the conditions on which the agency will consider providing CERCLA bona fide prospective purchaser (BFPP) protection to tenants who lease formerly or currently contaminated property.  Previously, such protections were only available to purchasers of such property.  Although the EPA will continue…

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Ninth Circuit Holds Wood Preservative from Utility Poles Discharged into the Environment does not Violate the Clean Water Act or RCRA

Posted by Nancy Wilms, Esq.

In Ecological Rights Foundation v. Pacific Gas and Electric Company, 713 F.3d 502 (9th Cir. April 3, 2013), the Ninth Circuit panel affirmed the dismissal of a citizen suit alleging utility poles discharged wood preservative containing pentachlorophenol (“PCP”) into the environment in violation of the Resource Conservation and Recovery Act…

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Deferred EIR Mitigation Measure Satisfies CEQA

Posted by Mary E. Wilke, Esq.


The California Court of Appeals held that an environmental impact report (“EIR”) which identified landscaping as a mitigation measure to the project’s visual impact satisfied the California Environmental Quality Act (“CEQA”).  The Court found that the EIR did not need to set forth the specific landscaping plan that would mitigate the impact.  Instead, the details…


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Additional Reading:
EPA Releases Draft Vapor Intrusion Guidance

Fourth Circuit Holds Zero-Share Apportionment Unavailable to Current Owner or Operator PRPs but Affirms Zero-Share Allocation; Rejects Bona Fide Prospective Purchaser Defense Due to a Failure to Exercise Appropriate Care

Edgcomb Law Group’s Environmental Newsletter is made available for educational purposes only. This information should not be construed, or relied upon, as legal advice. The newsletter constitutes neither an advertisement for legal services nor an invitation to form an attorney-client relationship. As attorneys may only represent clients in jurisdictions where the attorneys are licensed, readers should consult competent legal representation in their own states.  Read more here.

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Edgcomb Law Group, LLP
One Post Street, Suite 2100
San Francisco, California 94104

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