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In Big Defense Win, Appellate Court Affirms that Proposition 65 Exposure Level Can Be Based on Average Consumption Over Time

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65 (Prop 65), California’s...more

Environmental Appeals Board Vacates Penalties for TSCA Section 8(e) Violations

The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more

CERCLA Is Still Constitutional

To paraphrase Shakespeare, United States v. Sterling Centrecorp, Inc., is a great feast of legal argument. The PRP in that case purchased the assets of a mining company whose operations in California had caused releases of...more

Illinois Appellate Court Vacates Two Judgments Entered Against Honeywell for Failing to Produce Consultant at Trial

Officer, director, employee or independent contractor? The nature of a company's relationship with its consultant determines its obligation to produce that person at trial, an Illinois appellate court ruled in early February...more

We're People Too: Corporation Have Standing to File CEQA Citizen Suits

Corporations now have the ability to file citizen suits to assert public interests without facing heightened scrutiny by the courts. The California Supreme Court ruled that a coalition of plastic bag manufacturers and...more

The California Supreme Court Takes on the Eternal Question: Paper or Plastic?

The Court answered two questions in its ruling: (1) a corporate entity is not subject to a heightened standard in determining whether it has "standing" to bring a lawsuit under CEQA; and (2) the City of Manhattan Beach was...more

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