Environmental Communications & Media

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FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and...

The Federal Communications Commission (“FCC” or “Commission”) recently released a Public Notice setting comment deadlines for its September 26, 2013 Notice of Proposed Rulemaking (“NPRM”) on improving wireless facilities...more

Coming Christmas 2014: California Adds Another Phthalate Chemical to Its Proposition 65 List

With the 2013 holiday season behind us, the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) already appears to be looking forward to Christmas 2014. It has just wrapped and put a bow on next...more

“Just The Facts, Ma’am:” FTC Actions Target “Biodegradable” Claims

Armed with its revised Green Guides, the Federal Trade Commission (FTC) continues to police what it sees as false and misleading environmental claims. In October, the agency announced six enforcement actions in response to...more

More GMO Labeling Ballot Initiatives Coming in November; Federal Labeling Initiatives in Congress

Despite losses in California and Washington, groups in favor of labeling food containing or consisting of genetically modified organisms (“GMO”) continue legislative efforts at the state and national level. Oregon and...more

FCC Proposes New Rules On Local Wireless Siting [Video]

The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other...more

Advertising Law -- Nov 18, 2013

C May Now Be For Celery or Carrots - Thanks to a deal brokered by First Lady Michelle Obama and her Partnership for a Healthier America, Sesame Street characters will soon appear in the produce department. In a...more

FTC Enforcement Initiatives Spotlight Risks In Making Green Marketing Claims

The Federal Trade Commission has launched an enforcement program to encourage compliance with the agency’s recently revised Green Guides. It has brought at least 12 actions alleging deceptive and misleading claims based on...more

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

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