New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony.
Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more
Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...more
California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more
The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives.
The next filing deadline is November 30, 2020 and requires the submission...more
Revisions to regs may be good news for purveyors of almonds, cookies and potato products, among other acrylamide-containing foods targeted by Proposition 65 plaintiffs.
The Office of Environmental Health Hazard Assessment...more
Comment period on FWS/NMFS proposal will close soon.
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act.
The...more
A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides.
It further affirmed that FIFRA does not...more
A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment.
The Court reviewed the constitutionality...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals.
Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
6/12/2020
/ Amicus Briefs ,
California ,
Cancer ,
Chemicals ,
Environmental Protection Agency (EPA) ,
FIFRA ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Monsanto ,
Pesticides ,
Popular ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Warning Labels
The California Supreme Court held there is no statutory or constitutional right to a jury trial in actions brought under the Unfair Competition Law (UCL) and False Advertising Law (FAL). Its reasoning and basis likely...more
Exceptions outlined in state and local directives likely encompass the investigatory and remedial activities performed by environmental contractors.
Most California stay-at-home orders include exceptions for professional...more
4/17/2020
/ City of Los Angeles ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Executive Orders ,
Governor Newsom ,
Hospitals ,
Local Ordinance ,
Municipalities ,
Operators of Essential Services ,
Real Estate Development ,
San Francisco ,
Shelter-In-Place ,
State and Local Government ,
State of Emergency
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles.
- EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more
2/28/2020
/ Enforcement Actions ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Imports ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Risk Mitigation ,
Rulemaking Process ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law.
Two recent Executive Orders will curtail use of...more
11/26/2019
/ Administrative Agencies ,
Administrative Procedure Act ,
Enforcement Actions ,
Enforcement Guidance ,
Executive Orders ,
Fairness Standard ,
Guidance Documents ,
Notice and Comment ,
Notice Requirements ,
OMB ,
Regulatory Agencies ,
Transparency ,
Trump Administration
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver.
EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
10/1/2019
/ Administrative Authority ,
Antitrust Investigations ,
Automotive Industry ,
California Air Resources Board ,
Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Legislative History ,
Multi-Party Litigation ,
NHTSA ,
Pending Litigation ,
Popular ,
Preemption ,
Public Comment ,
Regulatory Agenda ,
Regulatory History ,
Trump Administration ,
Waivers ,
Zero-Emission Vehicles
U.S. environmental authorities, concerned about the prevalence of PFAS, are considering and taking steps to restrict usage, potentially affecting a wide variety of products and processes, and to require owners and operators...more
On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.”
This...more
On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more
On June 30, 2016, President Obama signed the bipartisan Freedom of Information Improvement Act of 2016 (S. 337). The bill most notably requires that the government operate under a “presumption of openness” in federal law and...more