City of Los Angeles Adopts Green Building Ordinance on Earth Day
On April 22, 2008, the City of Los Angeles passed Ordinance No. 179820 and thereby established a city-wide “Green Building Program.” The program is modeled after the U.S. Green Building Council’s Leadership in Energy and Environmental Design (“LEED”) building standards. The program addresses five key areas including: (1) site location; (2) water efficiency; (3) energy and atmosphere; (4) materials and resources; and (5) indoor environmental quality. The new ordinance amends the Los Angeles Municipal Code (“LAMC”) by adding new Sections 16.10 and 16.11, which will likely have a considerable affect on the type of developments the City will approve.
Continue Reading Questions & commentsCorps Eliminates Elevations for Jurisdictional Delineations Affected by Rapanos Decision in Revised Coordination Procedures
On January 28, 2008, the U.S. Army Corps of Engineers modified the procedures for coordinating review of jurisdictional delineations involving significant nexus determinations with the EPA. Significant nexus determinations are required under the Corps and EPA's joint Rapanos Guidance to determine whether the following aquatic features are jurisdictional under Section 404 of the Clean Water Act: non-navigable tributaries that are not relatively permanent; wetlands adjacent to non-navigable tributaries that are not relatively permanent; and wetlands adjacent to but that do not directly abut a relatively permanent non-navigable tributary.
Continue Reading Questions & commentsSummary of Proposed Draft Regulation to Reduce Emissions of Diesel Particulate Matter, and Other Pollutants From In-Use On-Road Heavy-Duty Diesel-Fueled Engines
By Randolph C. Visser and Olivier F. Theard
Introduction: The California Air Resources Board (ARB) has proposed a new regulation aimed at reducing emissions of diesel particulate matter (PM), oxides of nitrogen and greenhouse gases from in-use, on-road diesel-fueled vehicles.
Continue Reading Questions & commentsU.S. EPA Issues Final Rule on "All Appropriate Inquiry" for Avoiding CERCLA Liability
U.S. EPA has issued its final rule governing when a prospective purchaser or existing landowner may properly invoke one of three popular defenses to liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The defenses are commonly known as "innocent landowner," "prospective purchaser," and "contiguous property." The new EPA final rule specifies what a landowner or purchaser must do in terms of required investigation of potentially contaminated sites to qualify for these defenses in the face of a subsequent action under CERCLA.
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