In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....more
2/26/2025
/ California ,
CARB ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
Trump Administration
As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more
2/20/2025
/ Carbon Emissions ,
CERCLA ,
Climate Change ,
Constitutional Challenges ,
Corporate Counsel ,
Environmental Litigation ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures ,
Superfund
USDA Animal and Plant Health Inspection Service (APHIS) announced on January 23, 2025, that it is reinstating its legacy notification procedure as of February 7, 2025, providing a streamlined alternative to permits for...more
2/18/2025
/ Agricultural Sector ,
APHIS ,
Biotechnology ,
Compliance ,
CRISPR ,
Final Rules ,
Genetically Engineered Seed ,
Innovation ,
Life Sciences ,
Regulatory Reform ,
Regulatory Requirements ,
USDA
On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect.
Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more
2/17/2025
/ California ,
Compliance ,
Consumer Protection Laws ,
Enforcement ,
Environmental Policies ,
Hazardous Substances ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Public Health ,
Regulatory Requirements ,
Safe Harbors ,
State and Local Government ,
Toxic Chemicals
EPA Adds Nine New PFAS to List of Chemicals Subject to Toxic Chemical Release Reporting Under the Emergency Planning and Community Right-to-Know Act and The Pollution Prevention Act On January 6, 2025, the EPA published a...more
2/13/2025
/ Data Collection ,
Enforcement ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Final Rules ,
PFAS ,
Pollution Control ,
Regulatory Requirements ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more
1/13/2025
/ Baby Products ,
Class Action ,
Compliance ,
Consumer Protection Laws ,
Enforcement Actions ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Safety ,
Lead ,
Liability ,
Manufacturers ,
Product Defects ,
Public Health ,
Regulatory Requirements ,
Risk Mitigation ,
Toxic Chemicals
Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more
1/9/2025
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Biometric Information ,
Class Action ,
Competition ,
Data Privacy ,
Diversity ,
Environmental Social & Governance (ESG) ,
Facial Recognition Technology ,
FCC ,
Investment Management ,
PFAS ,
Popular ,
Privacy Laws ,
Robocalling ,
State Attorneys General ,
Telecommunications ,
Textiles ,
The Clayton Act ,
Trump Administration
On December 16, 2024, the California Air Resources Board (CARB) called for public comment on key issues related to the implementation of California’s two major climate disclosure bills, the Climate Corporate Data...more
12/23/2024
/ CARB ,
Carbon Emissions ,
Chamber of Commerce ,
Comment Period ,
Constitutional Challenges ,
Covered Entities ,
Disclosure Requirements ,
Enforcement ,
First Amendment ,
Governor Newsom ,
Public Comment ,
Voluntary Disclosure
In a decision that raises significant questions about the future oversight of genetically engineered (GE) plants in the United States, the U.S. District Court for the Northern District of California on Monday, December 2,...more
12/9/2024
/ Agricultural Sector ,
APHIS ,
Appeals ,
Bioengineering ,
Crops ,
DNA ,
Federal Rules of Civil Procedure ,
Genetically Engineered Seed ,
Modification ,
Plant Based Products ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
USDA
Last year, California passed three first-in-the-nation climate laws imposing disclosure obligations on thousands of companies with a presence in California. In October of 2023, California signed into law AB 1305, requiring...more
Effective as of yesterday, July 8, 2024, two widely used per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are deemed hazardous substances under the Comprehensive...more
7/9/2024
/ CERCLA ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
National Enforcement Initiatives (NEIs) ,
OECA ,
PFAS ,
Potentially Responsible Party (PRP) ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
The Biden Administration released a landmark Joint Policy Statement and Principles on May 28, 2024, formalizing the U.S. government’s approach to advancing high-integrity Voluntary Carbon Markets (“VCMs”) and affirming the...more
Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011, by either May 5, 2025, or November 10, 2025.
The EPA recently...more
Next week marks the first compliance deadline for “high priority fleets” under California’s Advanced Clean Fleets (ACF) regulation. Under the rule, by February 1, 2024, companies that own or direct fleets of vehicles for...more
On October 7, 2023, California took a significant step toward promoting transparency and integrity of voluntary carbon markets (VCMs) and climate-related claims by enacting Assembly Bill 1305: the Voluntary Carbon Market...more
10/18/2023
/ California ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
CFTC ,
Disclosure Requirements ,
European Parliament ,
Federal Trade Commission (FTC) ,
Green Guides ,
Net Zero ,
Popular ,
Securities and Exchange Commission (SEC) ,
State and Local Government
Net zero goals and carbon neutrality have hit the mainstream, propelled over the past decade by consumer and investor demands that businesses curb greenhouse gas emissions to counter the climate crisis. In response, companies...more
The Federal Trade Commission (FTC) is seeking public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides” or “Guides”) as part of a 10-year review process. The FTC extended the public comment...more
Two weeks after Sen. Joe Manchin tanked the downsized Build Back Better package, Senate Democrats on July 27, 2022 released the proposed Inflation Reduction Act of 2022 (the “Act” or IRA). While not focused entirely on...more
8/11/2022
/ Biofuel ,
Carbon Emissions ,
Clean Energy ,
Electric Vehicles ,
Energy Projects ,
Energy Sector ,
Investment Tax Credits ,
Nuclear Power ,
Offshore Lease ,
Renewable Energy ,
Superfund