Guides published by Thierry Raymond Montoya

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

Jul 05, 2012

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...

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

Jul 05, 2012

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 p...

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

Jul 05, 2012

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...

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

Jul 05, 2012

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 c...

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

Jul 05, 2012

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 a...

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

Jul 05, 2012

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 insur...

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

Oct 15, 2010

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 th...

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

Oct 14, 2010

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...

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

Oct 14, 2010

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 tr...

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Thierry Raymond Montoya's Legal Guides (39)

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

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

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

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

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

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

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

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

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