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California Water Challenges Remain Despite Significant Precipitation in 2023

State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience. The winter of 2022-23 brought historic levels of precipitation to California after years of deep...more

What’s Next Following the Supreme Court’s Decision in Sackett v. EPA?

The Court’s decision has prompted the US Army Corps of Engineers to freeze jurisdictional determinations for permitted activities pending additional guidance. On May 25, 2023, by a narrow 5-4 majority, the US Supreme...more

Proposed Amendments to Rules on Prop. 65 Short-Form Product Warnings Fail to Progress

The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals. Several amendments that the California Office...more

California Proposes Amendments to Rules on Prop 65 Short-Form Product Warnings

The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. On December 13, 2021, the California Office of Environmental Health...more

EPA and Army Corps Seek to Redefine Waters of the United States

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more

Update: US Supreme Court Addresses Specific Personal Jurisdiction Again

Nation’s highest court rejects narrow causation test for specific jurisdiction and affirms requirement that forum contacts “relate to” the claim. In the 2017 case Bristol-Myers Squibb Co. v. Superior Court, the United...more

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more

Update: US Supreme Court Reverses California’s Expansion of Personal Jurisdiction

Nation’s highest court reverses California Supreme Court decision that extended the jurisdictional reach of state courts. In the 2016 case Bristol-Myers Squibb Co. v. Superior Court (Anderson), the California Supreme Court...more

California Court of Appeals Upholds Cap-and-Trade Auctions

Yesterday, the Court of Appeals for California’s Third Appellate District issued its decision in California Chamber of Commerce, et al., vs. State Air Resources Board, et al., upholding the district court’s decision and...more

Update: US Supreme Court Grants Certiorari on California Personal Jurisdiction Case

Nation’s highest court agrees to hear appeal of a California Supreme Court case with far-reaching implications for personal jurisdiction. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior Court...more

California Supreme Court Decision Could Allow for Greatly Expanded Personal Jurisdiction

The California Supreme Court’s recent opinion on specific jurisdiction may have far-reaching consequences for future actions brought in the state. In the recently published opinion in Bristol-Myers Squibb Co. v. Superior...more

New Wave of State Law Air Pollution Torts?

The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters. A new wave of state common law air pollution...more

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

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