Environmental Communications & Media

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Crowdfunding of Solar, Other Renewables One Step Closer

Earlier this week the SEC today proposed rules for Crowdfunding, which was initially enacted under the JOBS Act (Jumpstart our Business Startups). After the enactment of the JOBS Act in April, 2012 and given the early, but...more

FCC Explores Opportunities to Expedite Deployment of Wireless Broadband Facilities

On September 27, 2013, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“Notice”) directed at expediting the deployment of wireless broadband facilities. Currently, parties seeking to...more

Advertising Law -- Aug 08, 2013

Mattress Claims Run Afoul of Green Guides - The Federal Trade Commission, applying the Green Guides to the advertising of three different mattress manufacturers, stated that the companies slept on the requirements for...more

New EU Regulation on Cosmetic Products Enters Into Force

On 11 July 2013 Regulation (EC) No 1223/2009 (Regulation) will replace the Cosmetics Directive of 1976 that used to rule cosmetic products in the European Union. Major aims of the Regulation are health protection, animal...more

McAfee & Taft tIP Sheet - June 2013: It’s not easy saying you’re green - Avoiding unfair and deceptive environmental marketing...

As a famous amphibious Muppet once noted, it’s not easy being green. This sentiment is shared by the Federal Trade Commission, which has issued Guides for the Use of Environmental Marketing Claims (also known as the “Green...more

It’s Not Easy Being Green…Or Is It.

Anyone that watches TV or reads magazine or listens to the radio or otherwise participates in the day-to-day interactions with society know that “green” marketing is a hot item right now. Normally, I suffer silently through...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

City of Arlington v. FCC: Did the Supreme Court Just Expand the Scope of Chevron Deference? No.

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even where they involve questions relating to the scope of an agency’s authority...more

Crowdfunding Renewable Energy Projects in Early Stages and Growing in the U.S.

Direct investment in renewable energy projects has been an anticipated financing option among editorialists and bloggers the past year, and seems to finally be gaining traction in the United States....more

CPUC Seeks to Revisit Controversial Decision on CEQA Process for Telecommunications Projects - Public Agency Participation is...

After a pause of more than a year, the CPUC has revived its effort to determine whether and how it will conduct environmental review of certain telecommunications projects under the California Environmental Quality Act...more

Texas Court Allows Defamation Claim Against Landowner to Proceed

On Monday, Texas’s Second District Court of Appeals partially affirmed a District Court order allowing Range Resources Corporation’s (“Range”) defamation and business disparagement claims against a landowner to...more

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

Episode 92 – Ditto Sustainable Brands Reinvents the Hanger

In Episode 92 of The Wendel Forum (originally aired on March 16, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Gary Barker, founder and CEO...more

Episode 91 – Michael Funk Discusses Labeling Foods Containing GMOs March 14, 2013

In Episode 91 of The Wendel Forum (originally aired on March 9, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Michael Funk. Funk is a...more

Sustainability Claims Warrant Extra Caution

Originally published in the Los Angeles Daily Journal on February 28, 2013. National Public Radio recently ran a series on "sustainable" seafood claims which raised concern regarding the validity of certain...more

Eco-Friendly Product? Be Careful How You Advertise It

Everyone is “going green.” From recycling to reduced packaging, consumers want products they perceive to be environmentally friendly. But what do those “green” claims really mean? ...more

FTC Approves First Settlement Under Revised Green Guides

The Federal Trade Commission March 6, 2013, approved final orders C-4385 and C-4386 settling charges that two paint manufacturers made false and unsubstantiated claims that some of their paints contained zero volatile organic...more

Skadden's 2013 Insights: Regulatory

Communications Law: The Relentless Pursuit of Broadband Competition - As the Obama administration enters its second term, the Federal Communications Commission (FCC or Commission) is one of many federal agencies likely...more

Advertising Law -- Dec 14, 2012

In This Issue: Hotel Web Sites Receive Warning Letters From the FTC; Not So Lucky? Jeans Brand to Pay $10M to Settle Text Message Suit; NAD: Environmental Claims for Cookware Products Are Overstated; Another “Natural”...more

Carbon Market Open for Business While Disputes Loom

Results of California’s first cap-and-trade carbon auction are in and the results are mixed. The auction was for carbon permits that permit greenhouse gas emitting businesses the right to release carbon into the air. Each...more

FTC Revises “Green Guides”

If You Make Any Environmental Claims About Or Use Certification Marks on Products or for Services…The FTC has News for You. On October 1, 2012, the Federal Trade Commission issued its revised Guides for the Use of...more

REGULATORY: D.C Regulatory: The FTC’s Revised Green Guides Provide Direction for Renewable Energy Marketing Claims by Harold Shaw...

The Federal Trade Commission (“FTC”) recently adopted revised Guides for the Use of Environmental Marketing Claims (“Green Guides”).[1] The 2012 Green Guides, which modify a 1998 version, are not binding regulations but are...more

Initiative to Label Genetically Modified Foods Fails in California

Yesterday, California voters rejected Proposition 37, the Right to Know Genetically Engineered Food Act by 53 percent to 47 percent. The voter initiative would have required labeling of most foods with genetically...more

Corporate Sustainability and Social Entrepreneurship: Part Five

Fifth in a Series of Articles Last week’s article in this series noted that there is significant support in the law of corporate governance for companies pursuing a double bottom line, i.e. pursuing profit while doing...more

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