Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more
In a significant victory for defendants facing toxic tort exposure claims, a California federal court dismissed a medical monitoring putative class action brought by drinkers of certain Pepsi products because Plaintiffs...more
For the first time, and after multi-year negotiations with, and review by, the Office of Management and Budget, the U.S. Environmental Protection Agency is proposing to use its authority under the federal Toxic Substances...more
Two Massachusetts municipalities are down but not out in their attempts to hold manufacturers of PCBs responsible for the environmental effects of PCB-containing products decades later. ...more
On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the first significant revisions to Proposition 65’s warning requirements since the 1980s. The updated regulations seek to...more
On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more
In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more
MASS TOXIC TORTS -
West Virginia Chemical Spill Prompts Wave of Lawsuits -
The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more
Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 -
The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more
Once again, California is on the leading edge of environmental programs. An approaching April 1, 2014, deadline for publication of a “Priority Products List” under “Safer Consumer Products Regulations” that first went into...more
Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA -
Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more
The Writ petition is about the unrestricted commercial availability of many substances which are labelled as Group 1 (Class A) or Group 2A/2B Carcinogens (Sure-shot Cancer causing agents) by the WHO IARC (International Agency...more
The latest enacted, amended, and revised REACH requirements; proposed REACH requirements; and REACH enforcement actions in Q4 2011.
Includes proposed amendments and new restrictions on lead and mercury; recommendations on...more
Section 107(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) makes a party that "arranged for disposal" of hazardous substances liable for the cost to cleanup a contaminated...more
In a move with potentially far-reaching implications, on September 28, 2011, the U.S. Environmental Protection Agency (EPA) issued its long-awaited final health assessment for trichloroethylene (TCE). The Assessment follows...more
The Brief urges review of the California Supreme Court's ruling allowing public authorities to use contingent fee counsel to prosecute public nuisance cases. It asserts that granting private counsel financial interests in...more
In conclusion, the law applicable to claims for medical monitoring has developed substantially since the first case of Friends For All Children. While the trend over time has been to recognize their availability through...more
Article on 7th Circuit opinion denying insurance coverage for the designer of the "Thomas & Friends" toys.
This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally...more
Read the background on the disease, nephrogenic systemic fibrosis, gadolinium-based contrast agents and the renally impaired and the enormous litigation swell that has surfaced as a result. ...more
Understanding Toxic Torts
The number of toxic tort cases has increased dramatically over the last thirty years, as a result of rising awareness of and activism over injuries caused by environmental pollutants and...more
On May 8, 2009, W.R. Grace & Co. and three of the chemical company's former executives were acquitted of all charges in the largest, most agressive environmental prosecution ever mounted by the U.S. Department of Justice and...more
Recognizing that “most pattern jury instructions do not contain instructions regarding the constitutional limits on punitive damage awards,” article authors George Pitcher and Rachel Robinson address the need for defendants...more
IN THIS ISSUE:
*New California bill aims to boost incentives for responsible packaging
*EPA to regulate nanotube production
*Lead-testing guidelines have retailers scrambling
*Groups push for U.S. toxics law...more
IN THIS ISSUE:
*Toy makers settle lead-contaminated toy lawsuit in California
*Consumer advocacy groups file lawsuit challenging CPSC’s phthalates ruling
*Obama team to meet with advocates pushing for BPA ban
This is an article I wrote in 2008 on the challenges associated with maintaining privilege when working with experts. It's a very tricky issue. The new federal rules coming out this fall 2010 help resolve some of these...more
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