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Thierry Raymond Montoya

Thierry Montoya’s Legal Guides

39 total

  • Eby Was Not an "Arranger" Under CERCLA for Mistakenly Striking the Celanese Pipeline

    Celanese Corporation ("Celanese") appealed a bench trial with an advisory jury, during which federal CERCLA and state environmental claims were tried against Martin Eby Construction ("Eby"). During trial, Celanese did not object to the charge submitted to the jury. Following th...

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  • City Denied CERCLA Section 107(a) Contribution Action for Not Following NCP

    The City of Colton ("Colton") filed suit in 2005 against numerous entities that were engaged in industrial activities in the Rialto-Colton groundwater basin ("Basin"), from which Colton draws its water supplies. Due to detected levels of perchlorate in some of the City's municip...

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  • Frontier in Water Rights: A POTW's Ownership of Recycled Water

    Advances in wastewater treatment methods have produced higher quality treated effluent, at a greatly reduced rate. Wastewater treatment generally consists of the application of technology to improve the quality of wastewater, resulting in what is often called: recycled water. Was...

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  • NEW HOPE FOR THOSE SEEKING TO TRIGGER COVERAGE ON ENVIRONMENTAL CLEANUP COSTS ORDERED BY AN ADMINISTRATIVE AGENCY.

    Powerline Oil Company v. Superior Court of Los Angeles, 37 Cal.4th 377; 33 Cal.Rptr.3d 562 (Aug. 29, 2005) On August 29, 2005, the California Supreme Court considered the question of whether the insurers duty to indemnify [duty to pay damages] under an excess/umbrella policies i...

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  • CERCLA Liability under Section 107(a), 113(f), or Both Does Not Flow From a Consent Order Resolving

    Plaintiff, (Trinity), filed its environmental action pursuing federal claims under CERCLA and RCRA claims, state claims under Pennsylvanias Hazardous Sites Cleanup Act, (HSCA), and various common law and contract theories.Plaintiff sought injunctive and monetary relief from Chica...

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  • EPA’S Administrative Claims Against The Insured’s Triggered Insurer’s Duty To Defend And Indemnify U

    EPA notified the Campbell Estate that pursuant to CERCLA , as a previous owner and/or operator of the site, it was a potentially responsible party (PRP) required to perform cleanup actions and to pay costs that the EPA had incurred in cleaning up contamination at the site.The con...

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  • A Court May Infer a Lack of Diligence by EPA’s Failure to Enforce a 2008 Order Water Quality Protect

    Plaintiffs are an environmental organization suing the Municipality of Arecibo, (Municipality), over its systematic discharge of storm waters into navigable waters, discharging into 3 local beaches.The Municipalitys storm sewer system operates under a November 6, 2006, NPDES perm...

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  • Burford Abstention Does Not Apply To Plaintiffs’ Citizen Suit Limited To Enforcing An Existing NPDES

    Monongahela Power Company (Defendant) operates a coal-fired power plant discharging arsenic into surrounding tributaries pursuant to a West Virginia NPDES permit originally issued in 1987. Subsequent permit amendments to the West Virginia Code of State Rules (WVCSR) lowered the p...

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  • Missouri’s Decades Long Failure to Assign Uses to Most of its Water Bodies Violated the Clean Water

    EPA approved Missouris 2005 water quality standards, which did not assign fishable/swimmable uses to many of its water bodies.Missouri designated all classified waters suitable for fishing and swimming, except those water bodies on which a structured scientific assessment (UAA) w...

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  • Court Granted NRDC's Petition Because EPA Did Not Property Conduct Certain Dichlorvos Risk Assessments

    In June 2006, the Natural Resources Defense Council ("NRDC") petitioned the Environmental Protection Agency ("EPA") to revoke all tolerances and cancel all registrations for the pesticide dicholorovinyl dimethyl phosphate ("dichlorvos").The EPA denied the petition.In response, NR...

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