April 2013 ELG Environmental Law Newsletter

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Edgcomb Law Group Expands to LA

    Earlier this year, Edgcomb Law Group, LLP (ELG) opened its first Southern California office with the addition of two new partners, Nancy Wilms and Tiffany Hedgpeth, formerly partners at Bingham McCutchen in Los Angeles.
    “Joining forces with Nancy and Tiffany and adding a Southern California office marks a major milestone for Edgcomb Law Group as a firm and for me personally,” said John Edgcomb, who founded ELG in San Francisco in 1995.  “Our diverse client-base is national in scope, and having a Los Angeles office and two more former big-law attorneys will help us serve our clients at a new level, but with the same emphasis on cost-effectiveness.”
    Ms. Wilms and Ms. Hedgpeth spent 16 and 15 years, respectively, in Bingham’s Los Angeles environmental group, each having joined Bingham from other well-known firms where they practiced environmental law.  Ms. Wilms’ and Ms. Hedgpeth’s practices cover a broad range of environmental counseling and regulatory matters.  They are experienced litigators and have defended clients in enforcement actions and citizen suits brought under the major environmental statutes.  In addition, Ms. Wilms and Ms. Hedgpeth have handled many private party disputes, including breach of contract, CERCLA cost recovery, products liability, and common law tort actions.
    “ELG’s boutique size, and the attorneys’ impressive breadth of experience, allows the firm to provide major clients with exceptional and cost effective legal services,” said Tiffany Hedgpeth.  “The opportunity here is clear and I’m excited to be a part of the firm’s expansion.”
    Ms. Wilms received her bachelor’s degree from Pomona College (1980) and her J.D. from University of California, Hastings School of Law (1983).  Ms. Hedgpeth received her bachelor’s degree from University of California, Davis, with high honors (1991), and her J.D. from University of California, Los Angeles, School of Law (1994).


  1. On April 10, 2013, EPA’s proposed Fiscal Year 2014 Budget was issued. More information: http://www2.epa.gov/planandbudget/fy2014
  2. On April 16, 2013, EPA’s Office of Solid Waste and Emergency Response released draft final vapor intrusion guidance documents.  One document is a general guidance for all compounds.  The other document focuses on petroleum hydrocarbons released from underground storage tanks.  Comments are due by May 24, 2013.  More information: http://www.epa.gov/oswer/vaporintrusion
  3. On April 1, 2013, EPA published proposed changes to effluent limitations guidelines and standards for the Clean Water Act Construction and Development point source category. Comments are due on or before May 31, 2013. More information: 78 Fed. Reg. 19434 (April 1, 2013)
  4. On April 10, 2013, the California Department of Toxic Substances Control issued revisions to the Safer Consumer Products (Green Chemistry) regulations. Comments are due on or before April 25, 2013. More information: http://www.dtsc.ca.gov/SCPRegulations.cfm
  5. The California State Water Resources Control Board anticipates releasing the final draft of the General Industrial Stormwater Permit this spring. More information: http://www.swrcb.ca.gov/water_issues/programs/stormwater/industrial.shtml

The Impacts of Sequestration Cuts on EPA Programs

Posted by Mary E. Wilke, Esq.

Sequestration budget cuts (“budget cuts”) went into effect on March 1, 2013. These budget cuts required EPA to cut approximately $425 million from its $8.3 billion annual budget, or about 5%. In a February 6, 2013 letter, Lisa Jackson, then-Administrator of the U.S. Environmental Protection Agency (“EPA”), identifies to Senator Barbara Mikulski (D-MD) the specific...

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Ninth Circuit Affirms Dismissal of Subrogated Claims Brought Under CERCLA Sections 107(a) and 112(c), as well as State Law Theories

Posted by Tiffany Hedgpeth, Esq.


On March 15, 2013, the Ninth Circuit held in Chubb Custom Ins. Co. v. Space Systems/Loral, Inc., Case No. 11-16272, 2013 U.S. App. LEXIS 5198 (9th Cir., March 15, 2013), that the insurer Chubb Custom Insurance Company (“Chubb”) could not maintain its Comprehensive Environmental Response, Compensation and Liability Act...


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Additional Reading:
California Passes AB 1442, which Defines "Pharmaceutical Waste" and Authorizes its Transportation by Generators or Common Carriers under Certain Conditions

State Law Claims by Private PRP Are Not Preempted by CERCLA
§ 107 Claim, at Least Initially
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
115 Sansome Street, Suite 700
San Francisco, California 94104