Peter Hsiao

Peter Hsiao

Morrison & Foerster LLP

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Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry...more

9/17/2014 - Chemicals DTSC Green Chemistry Manufacturers New Regulations Supply Chain

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

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

6/12/2014 - CERCLA Contaminated Properties CTS v Waldburger Discovery Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

4/8/2014 - Conflict Mineral Rules Dietary Supplements FDA Green Chemistry Retailers SEC

California Announces First Consumer Products Subjected to New Green Chemistry Rules

Today, the California Department of Toxic Substances Control (DTSC) announced its highly anticipated list of the first products and chemicals to be evaluated under the state’s innovative Safer Chemical Product regulations....more

3/14/2014 - Chemicals DTSC Green Chemistry

Lead Paint Companies Hit With Billion Dollar Judgment in California Public Nuisance Case

In a decision with potentially far-reaching impacts, a California state court has ordered three major paint companies to pay $1.15 billion to clean up lead paint in homes throughout California. People v. Atlantic Richfield...more

1/14/2014 - Hazardous Substances Lead Paint Public Nuisance

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

Toxics in Consumer Products: California Implements Safer Consumer Product Regulations

Today, California’s Safer Consumer Product Regulations became law as the state’s latest attempt to regulate the chemical composition of a broad range of consumer products. The regulations contain detailed procedures to...more

10/2/2013 - Chemicals Department of Toxic Substances Control Green Chemistry Hazardous Substances Manufacturers

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more

4/25/2013 - California Air Resources Board Cap-and-Trade Carbon Auctions Carbon Emissions Standing

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

Consumer Product Alert: California Revises Draft Green Chemistry Regulations

On January 29, 2013, California’s Department of Toxic Substances Control (DTSC) released revisions to the next generation of its proposed consumer product regulations. The draft regulations set out the details of California’s...more

2/5/2013 - Clean Tech Consumer Product Safety Improvement Act Department of Toxic Substances Control Green Chemistry Manufacturers

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

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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