California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more
The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343,...more
Across the country, states are enacting so called “Extended Producer Responsibility” (EPR) laws aimed at reducing plastic waste and shifting the cost of recycling these plastics from the consumer back to the producer. This is...more
3/14/2025
/ California ,
Colorado ,
Compliance ,
Environmental Policies ,
Extended Producer Responsibility (EPR) ,
Oregon ,
Popular ,
Recycling ,
Regulatory Requirements ,
State and Local Government ,
Sustainability
Join us for an engaging discussion on the implications of the end of Chevron deference. We will explore how this shift affects the dynamic between courts and agencies in interpreting statutes. Gain insights into the future of...more
On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP)...more
The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more
12/18/2024
/ Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
FCC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Standards ,
SCOTUS ,
Statutory Interpretation
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more
California has taken a major step in food safety and sustainability with the passage of Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316), signed into law by Governor Gavin Newsom on September 28,...more
It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant...more
This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in...more
On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC, alleging that the liners contained perfluorooctanoic acid...more
As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may...more
UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more
California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for...more
It's finally happened. The US Environmental Protection Agency has designated two widely used PFAS compounds, PFOA and PFOS, as "hazardous substances" under CERCLA....more
On April 4, 2024, rather than waiting for the Eighth Circuit to issue a ruling on plaintiffs’ pending emergency motion for an administrative stay of the SEC’s final rule regarding the Enhancement...more
As previously posted, in a landmark legal challenge, a coalition led by prominent business federations is challenging California's pioneering climate disclosure laws, Senate Bill 253 (the Climate Corporate Data Accountability...more
Beginning on December 29, 2023, the Modernization of Cosmetics Regulation Act (MOCRA) became effective. Signed into law on December 29, 2022, MoCRA significantly expands the U.S. Food and Drug Administration’s (FDA) authority...more
This webinar will delve into environmental Notices of Violation (NOVs) issued by government agencies, private entities, and citizen groups.
- Explore the various NOV categories
- Gain insights into NOV interpretation
...more
On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, proposed significant changes to the Proposition 65...more
From the shifts in e-commerce litigation to the impending implementation of the Corporate Transparency Act, below are some key legal updates that are crucial for businesses to be aware of as 2024 approaches...
Originally...more
11/1/2023
/ Corporate Governance ,
Corporate Transparency Act ,
E-Commerce ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Financial Regulatory Reform ,
FinCEN ,
Greenwashing ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Regulatory Reform ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Sick Leave
For those following the acrylamide saga (see, e.g., our earlier blog post), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods...more
On Dec. 15, 2022, after a yearlong wait, the U.S. Environmental Protection Agency took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments, officially known as...more
In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance....more
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years.
As we previously...more