Guides published by Thierry Raymond Montoya

PG&E Unable To Dismiss Allegation That Its Service Yards Are Subject to NPDES Permitting As “Industrial Activities”

Jul 06, 2012

Pacific Gas Electric (PGE) owns several service centers throughout Northern California.PGE stores vehicles, equipment, materials and carries out various activities from these services centers that are...

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Plaintiffs Awarded Fees in Clean Air Act Action for a Procedural Victory

Jul 06, 2012

Duke Energy obtains a permit to construct a new 800-megawatt coal-fired power plant ("Unit 6"0 in North Carolina. After completing various review procedures, the State's Division of Air Quality issued ...

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Mining Company’s Takings Claim Based on the Government’s Superfund Actions To Be Tried

Jul 06, 2012

Placer Mining Company (Placer) filed a Fifth Amendment takings claim under the United States Constitution alleging that the federal EPAs installation of a concrete channel and bridge constitute a ...pr...

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A Consent Decree That Is “Fair, Reasonable And In The Public Interest” Cannot Be Modified

Jul 06, 2012

The City of Modesto (City) intervened in the United States CERCLA action seeking additional language within the Governments Consent Decree with the Jamnadas Estate, settling, in part, EPAs costs to inv...

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COMPLETE COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS ESSENTIAL, YET, REVERSIBLE ONLY WHEN PREJUDICE EXISTS

Jul 06, 2012

A suit challenged the approval of development project seeking to construct a beverage distribution facility in Sonoma County, California.The suit was based on the grounds that the county failed to com...

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ARRANGER LIABILITY DOES NOT APPLY WHEN A MANUFACTURER L

Jul 06, 2012

A suit concerning whether the manufacturer of a machine used in the dry cleaning process may be held liable for contribution to environmental cleanup costs under the Comprehensive Environmental Respons...

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THE COURT HAS SUBJECT MATTER JURISDICTION BECAUSE MERE DISCRETION IN IMPLEMEN

Jul 06, 2012

A suit for damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child's residence and s...

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S&C Boat Company's Summary Judgment Seeking to Avoid CERCLA Liability Denied on Successor Liability Grounds

Jul 06, 2012

Defendant, Star Crescent Boat Company ("SC") sought summary judgment on grounds that it did not contribute to any of the environmental contamination at the Shipyard Sediment Site in the San Diego Bay ...

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Insurer Has A Duty To Defend Against An Underlying CERCLA Action Given The Potential For Property Damage

Jul 06, 2012

Transport Insurance Company ("Transport") filed summary judgment challenging it duty to defend Wells Cargo, Inc. ("Wells") against a U.S. Dept. of Agriculture Forest Service CERCLA action seeking remed...

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Clean Air Act Emissions Data Produced In Litigation Is Not Presumptively Public Records-Protectable Privacy Interests May Attach

Jul 06, 2012

Plaintiff filed a motion to compel seeking to modify an existing Agreed Interim Protective Order ("Order") permitting the parties to designate as confidential certain categories of documents: "trade se...

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Thierry Raymond Montoya's Legal Guides (39)

PG&E Unable To Dismiss Allegation That Its Service Yards Are Subject to NPDES Permitting As “Industrial Activities”

Plaintiffs Awarded Fees in Clean Air Act Action for a Procedural Victory

Mining Company’s Takings Claim Based on the Government’s Superfund Actions To Be Tried

A Consent Decree That Is “Fair, Reasonable And In The Public Interest” Cannot Be Modified

COMPLETE COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS ESSENTIAL, YET, REVERSIBLE ONLY WHEN PREJUDICE EXISTS

ARRANGER LIABILITY DOES NOT APPLY WHEN A MANUFACTURER L

THE COURT HAS SUBJECT MATTER JURISDICTION BECAUSE MERE DISCRETION IN IMPLEMEN

S&C Boat Company's Summary Judgment Seeking to Avoid CERCLA Liability Denied on Successor Liability Grounds

Insurer Has A Duty To Defend Against An Underlying CERCLA Action Given The Potential For Property Damage

Clean Air Act Emissions Data Produced In Litigation Is Not Presumptively Public Records-Protectable Privacy Interests May Attach