Michael Steel

Michael Steel

Morrison & Foerster LLP

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GE food-labelling bill fails in California Senate

Despite the recent passage of a genetically engineered (GE) food-labelling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labelling have again failed to pass such a law in...more

6/27/2014 - Food Labeling Food Manufacturers GMO Legislative Agendas Pending Legislation

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

6/24/2014 - BACT Clean Air Act Climate Change Environmental Policies EPA EPA v Utility Air Regulatory Group Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector

GMO Bill Fails in California Senate

Despite the recent passage of a genetically engineered (GE) food-labeling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labeling have again failed to pass such a law in California....more

6/3/2014 - Food Labeling Food Manufacturers Food Safety GMO

Genetically engineered food labelling bill moves through legislature

SB 1381, California's revived genetically engineered food labelling bill, has passed through the California Senate Judiciary Committee. If enacted, SB 1381 would take effect on January 1 2016. As the bill has moved through...more

5/21/2014 - Food Labeling Food Manufacturers GMO Grocery Stores Proposed Legislation Restaurant Industry

More Expansive GMO Labeling Bill Moving Through Legislature

Last week, SB 1381, California’s revived genetically engineered (GE) food labeling bill, passed through the California Senate Judiciary Committee. If enacted, SB 1381 would take effect on January 1, 2016. As the bill has...more

5/1/2014 - Food Labeling GMO

New Prop 65 Warning Requirements on the Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

3/19/2014 - Notice Requirements OEHHA Proposition 65 Toxic Exposure

Like a Zombie, Mandatory Genetically Engineered Food Labeling Proposal Resuscitated in California

California voters roundly rejected mandatory labeling requirements for genetically engineered (GE) foods last year. However, the specter of California requiring such GE labels, which could apply to 75 percent of grocery store...more

2/28/2014 - Food Labeling Food Safety GMO

California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this...more

11/18/2013 - Cap-and-Trade Carbon Emissions Environmental Policies Greenhouse Gas Emissions

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

5/9/2013 - Frivolous Lawsuits Jerry Brown Proposition 65 Safe Harbors

Picking Up Steam? CARB Reports that California’s Second Carbon Auction Exceeds Price Expectations

California’s second auction of greenhouse gas (GHG) allowances exceeded expectations, with allowances clearing above both the reserve price and the price predicted by leading market analysts. All of the 12.9 million...more

2/26/2013 - CARB CARB Allowances Carbon Auctions Greenhouse Gas Emissions

Court Rejects Challenge to California’s Cap-and-Trade Carbon Offset Program

On January 25, 2013, a California state court rejected a challenge to an important component of California’s cap-and-trade scheme, its emission offset program. In the first legal decision regarding the program since its...more

1/31/2013 - Cap-and-Trade CARB Climate Change Forest Protocol Greenhouse Gas Emissions Livestock Protocol Set Off

GMO Laws Spread to Washington and New Mexico

Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in...more

1/16/2013 - Food Labeling GMO Proposition 37 Resorts & Restaurants Retail Market

FDA Releases New Food Safety Rules

The Food and Drug Administration (FDA) recently released drafts of two long-awaited food safety rules as part of the agency’s ongoing implementation of the 2011 Food Safety Modernization Act (FSMA). The first proposed rule...more

1/11/2013 - FDA Food Contamination Food Manufacturers Food Safety FSMA

Putting the Brakes on San Diego’s Transportation Plan

The first “Sustainable Communities Strategy” adopted to guide long-range land use and transportation planning under SB 375 now has the distinction of being the first such plan set aside for failing to comply with the...more

12/12/2012 - CEQA Climate Change Greenhouse Gas Emissions Sustainable Communities Strategy

CARB Restates Its Cap-and-Trade Auction Results

Last week the California Air Resources Board (CARB) issued an update to its November 19, 2012 report summarizing the results of the State of California’s first auction of greenhouse gas emissions allowances. The results in...more

12/11/2012 - California Air Resources Board Cap-and-Trade Greenhouse Gas Emissions

California Drops the Hammer on First Carbon Auction Despite New Lawsuit

The California Air Resources Board (CARB) proceeded today with the inaugural carbon allowance auction for its impending “cap-and-trade” greenhouse gas (GHG) emissions regulation program, despite a lawsuit filed yesterday by...more

11/15/2012

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