Maryland and Washington have joined the growing list of states enacting extended producer responsibility (EPR) laws for packaging and paper products. These laws shift the cost of recycling these materials from the consumer...more
On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more
Environmental and Regulatory Compliance Partner Sherry Jackman participated in the L.A. Times Studios’ Food & Beverage Industry Roundtable. Sherry was one of three leading food and beverage industry experts to share her...more
California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more
The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343,...more
Across the country, states are enacting so called “Extended Producer Responsibility” (EPR) laws aimed at reducing plastic waste and shifting the cost of recycling these plastics from the consumer back to the producer. This is...more
3/14/2025
/ California ,
Colorado ,
Compliance ,
Environmental Policies ,
Extended Producer Responsibility (EPR) ,
Oregon ,
Popular ,
Recycling ,
Regulatory Requirements ,
State and Local Government ,
Sustainability
Join us for an engaging discussion on the implications of the end of Chevron deference. We will explore how this shift affects the dynamic between courts and agencies in interpreting statutes. Gain insights into the future of...more
On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP)...more
The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more
12/18/2024
/ Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Environmental Protection Agency (EPA) ,
FCC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Standards ,
SCOTUS ,
Statutory Interpretation
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more
California has taken a major step in food safety and sustainability with the passage of Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316), signed into law by Governor Gavin Newsom on September 28,...more
It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant...more
This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in...more
On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC, alleging that the liners contained perfluorooctanoic acid...more
As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may...more
UPDATE: On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta....more
This webinar will delve into environmental Notices of Violation (NOVs) issued by government agencies, private entities, and citizen groups.
- Explore the various NOV categories
- Gain insights into NOV interpretation
...more
On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, proposed significant changes to the Proposition 65...more
From the shifts in e-commerce litigation to the impending implementation of the Corporate Transparency Act, below are some key legal updates that are crucial for businesses to be aware of as 2024 approaches...
Originally...more
11/1/2023
/ Corporate Governance ,
Corporate Transparency Act ,
E-Commerce ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Financial Regulatory Reform ,
FinCEN ,
Greenwashing ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Regulatory Reform ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Sick Leave
For those following the acrylamide saga (see, e.g., our earlier blog post), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods...more
Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel. I don’t know about...more
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years.
As we previously...more
This panel will review the regulatory framework, business risks, and litigation risks associated with green marketing, “greenwashing,” and false and misleading advertising.
We will also discuss the basics of the...more
12/8/2022
/ Advertising ,
Continuing Legal Education ,
Corporate Counsel ,
Corporate Governance ,
Corporate Management ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Green Marketing ,
Greenwashing ,
Risk Assessment ,
Risk Management ,
Webinars
Last month, the California Department of Toxic Substances Control (“DTSC”) issued its long-awaited “Vapor Intrusion Update” (“Advisory”) which is intended to guide the selection of attenuation factors (“AFs”) at contaminated...more