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Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more

Southern California’s New Indirect Source Rule for Warehousing Operations Tests Jurisdictional Waters

Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...more

Federal Court Temporarily Pulls the Teeth Out of California’s Alligator and Crocodile Product Ban

California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more

Not Too Late to Develop a Strong Strategy for 2020 CDR

The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives. The next filing deadline is November 30, 2020 and requires the submission...more

Proposed Proposition 65 Regulation May Provide Exemptions for Warnings on Acrylamide-Containing Foods

Revisions to regs may be good news for purveyors of almonds, cookies and potato products, among other acrylamide-containing foods targeted by Proposition 65 plaintiffs. The Office of Environmental Health Hazard Assessment...more

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more

California Court Finds that Proposition 65 Cancer Warnings for Glyphosate Violate First Amendment Rights

A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment. The Court reviewed the constitutionality...more

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

California: No Jury Trials in Unfair Competition Law and False Advertising Law Cases (and Proposition 65 Cases?)

The California Supreme Court held there is no statutory or constitutional right to a jury trial in actions brought under the Unfair Competition Law (UCL) and False Advertising Law (FAL). Its reasoning and basis likely...more

California’s Stay-at-Home Orders: Implications for Environmental Contractors

Exceptions outlined in state and local directives likely encompass the investigatory and remedial activities performed by environmental contractors. Most California stay-at-home orders include exceptions for professional...more

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

Trump Issues Executive Orders to Rein In Use of Guidance Documents in Enforcement Proceedings

Meant to enhance fairness and transparency in federal administrative enforcement, the new presidential EOs will significantly affect the practice of administrative law. Two recent Executive Orders will curtail use of...more

EPA and States Target Widely Used PFAS

U.S. environmental authorities, concerned about the prevalence of PFAS, are considering and taking steps to restrict usage, potentially affecting a wide variety of products and processes, and to require owners and operators...more

In a First-Ever Move, EPA Asks Industry and Public What Agency Regulations to Repeal, Replace or Modify

On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.” This...more

Lesson of Ninth Circuit CERCLA Decision: Prepare to Prove Recoverable Costs

On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more

Open Wide: FOIA Reform Expands Public Access to U.S. Government Information

On June 30, 2016, President Obama signed the bipartisan Freedom of Information Improvement Act of 2016 (S. 337). The bill most notably requires that the government operate under a “presumption of openness” in federal law and...more

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