Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
11/15/2023
/ Appeals ,
California ,
Chemicals ,
Commercial Speech ,
Enforcement ,
Environmental Protection Agency (EPA) ,
First Amendment ,
Free Speech ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Warning Labels
California Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code § 25249.5 et seq.) (“Prop 65”) is a California law that prohibits any person in the course of doing business from “knowingly and...more
TDY Holdings v. United States, et al., 872 F.3d 1004 (9th Cir. 2017) -
TDY brought suit for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the U.S. government...more
4/30/2018
/ Appeals ,
CERCLA ,
Chemicals ,
Clean-Up Costs ,
Contamination ,
Cost Allocation ,
Environmental Claims ,
Federal Contractors ,
Governmental Liability ,
Hazardous Substances ,
Manufacturing Facilities ,
Military Contracts
Citizens for Odor Nuisance Abatement v. City of San Diego, 8 Cal. App. 5th 350 (Cal. Ct. App. 2017). The Fourth Appellate District of the California Court of Appeal concluded that the City of San Diego could not be held...more
Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections -
Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more
2/23/2017
/ Appeals ,
CEQA ,
Clean Water Act ,
Coal ,
Dispensaries ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Local Ordinance ,
Medical Marijuana ,
National Marine Fisheries Service ,
Oil & Gas
Ninth Circuit Issues Major Cercla Decision Finding That Arranger Liability Cannot Be Based On Contamination Deposited On A Site By The Wind -
Pakootas v. Teck Cominco Metals, No. 15-35228, 2016 U.S. App. LEXIS 13662 (9th...more
11/9/2016
/ Appeals ,
Arranger Liability ,
CERCLA ,
Contaminated Properties ,
Damages ,
Discharge of Pollutants ,
Environmental Testing ,
Hazardous Substances ,
Jury Trial ,
Private Property ,
Takings Clause ,
Tribal Lands