Environmental Civil Remedies Consumer Protection

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Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

Circuit Court Grants Writ of Mandamus Requiring EPA to Act on Petition to Ban Chlorpyrifos

In an opinion issued on August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit granted a writ of mandamus requested by Pesticide Action Network North America and the Natural Resources Defense Council (Petitioners)...more

Class Action Lawsuit Claims Wines Contain Unsafe Levels of Arsenic

Four California residents brought a lawsuit earlier this month against 28 wineries for producing, manufacturing or distributing wine in California that allegedly contains inorganic arsenic in amounts far in excess of what is...more

Proposition 65 Reform Efforts Drawing Strong Support From Legislature and Governor

There may be reforms coming to Proposition 65 (Prop. 65) after several previous failed attempts and a growing chorus of complaints from business large and small over the years concerning the unfairness of the law, which was...more

Proposition 65 Private Party Settlement Guidance Provides Clarity and a Limitation on Releases in the Public Interest

In January, the Attorney General released a guidance document that details what the state will and will not approve in future private Proposition 65 lawsuit settlements. This guidance provides clarity to both plaintiffs and...more

The Lion Has Roared: Proposition 65 Settlements and the Attorney General

California’s Proposition 65 permits “private enforcers” to send Notices of Violation and bring lawsuits on behalf of the “public interest” where they purport to find trace amounts of banned chemicals at elevated levels in...more

A Comment on the EU's Working Paper: "Towards a Coherent European Approach to Collective Redress"

Earlier this year, the Commission Staff of the European Union issued a Staff Working Document seeking public comment on the topic "Towards a Coherent European Approach to Collective Redress." In an individual capacity,...more

An Exaggerated And Ill-Conceived Sense Of Risk: The Ephemeral Nature Of California’s Proposition 65

A comprehensive review of the structure and function of California's Proposition 65 and its impact upon the business community. ...more

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