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MoForecast: Navigating State AG Environmental Enforcement Trends for 2025

As we continue into 2025, state attorneys general (AGs) will play a pivotal role in shaping environmental policy and enforcement. With anticipated resistance to environmental regulation rollbacks and a continued focus on...more

NYAG Enforcement Outlook – What to Expect in 2025

The New York Attorney General (NYAG) is expected to increase enforcement actions in 2025, especially with the enactment of several new laws designed to strengthen consumer protection and employment. At the federal level, the...more

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

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

APHIS Reinstates Legacy Biotechnology Regulations: Implications for CRISPR-Edited Plants

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

MoFo’s State + Local Government Enforcement Newsletter (December 2024)

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

California Climate Laws, CARB Opens Comment Period Seeking Industry Input by February

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

An Insecure Future: Court Ruling Guts USDA Regs On Genetically Engineered Plants

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

Prepare to Disclose: California Legislature Declines to Extend AB 1305 Voluntary Carbon Market Disclosure Deadline, Leaves...

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

EPA May Now Pursue PFOS and PFOA Manufacturers and Users under CERCLA

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

Biden Administration Releases Joint Policy Statement and Principles for Voluntary Carbon Markets

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

New Regulations Rooted In Evidence: Looking Back On How EPA And USDA Updated Engineered Plant Regulations And Labeling In 2023

Alongside rapid advances in biotechnology that are improving fine-tuned genetic engineering in plants, regulation for such plants is also rapidly evolving, including several important updates in the past year....more

California Enacts AB 1305 to Strengthen the Voluntary Carbon Market and Continues to Lead on Climate Regulation

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

California Climate Laws Require Public Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risks

California Governor Gavin Newsom signed into law two key climate bills as part of the California legislature’s broader Climate Accountability Package. The two laws—Senate Bill No. 253 (SB 253) and Senate Bill No. 261 (SB...more

Uncertainty in Carbon Markets Leads to Novel Carbon Offset Litigation

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

FDA Releases Draft Guidance For Labeling Of Plant-Based Milk Alternatives

In 2018, when former FDA Commissioner Scott Gottlieb famously commented that “an almond doesn’t lactate,” he was adding perhaps the most colorful volley in a long-simmering debate about how the Food and Drug Administration...more

FTC Extends Deadline to Comment on 10-Year Update to Green Guides

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

AI Trends For 2023 - Environmental Law

The advent of AI is drastically changing the environmental law landscape. Until recently, it was nearly impossible to track the environmental impacts of corporate activities or products. The sheer immensity and complexity of...more

The $369bn Climate Deal: America’s Path to Climate Resilience

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

California Expands Shelter-In-Place Orders Statewide

On Thursday evening, Governor Newsom issued an executive order (the “State Order”) that expanded the shelter-in-place orders already in place in each of the nine San Francisco Bay Area counties broadly directing all...more

Preparing For PFAS Scrutiny: Part 2

PFAS — or per- and polyfluoroalkyl substances — have been detected just about everywhere, and may be inside virtually everyone you know. But not everyone has heard of them, and not everyone is prepared for their regulation....more

Preparing For PFAS Scrutiny: Part 1

They are all around us — and may be inside virtually everyone you know. But not everyone has heard of them, and not everyone is prepared for their regulation. PFAS — or per- and polyfluoroalkyl substances — have been...more

New Calif. Packaging Law Cuts Companies Some Slack

California’s food and consumer product companies recently got some welcome relief from the onerous provisions of California’s slack-fill law, Cal. Bus. & Prof. Code § 12606. This law, which has been the basis of an increasing...more

Cannabidiol: Is CBD Legal in the United States in 2019?

Cannabis-derived extracts are one of the hottest trends in the consumer products industry. Sales of consumer products containing cannabidiol (CBD) are reported to exceed $510 million in 2018. Experts predict that the market...more

California Legislature Cuts Consumer Product Companies Some Slack with New Packaging Law

On January 1 of this year, California’s food and consumer product companies got some welcome relief from the onerous provisions of California’s ‘slack-fill’ law, Cal. Bus. & Prof. Code § 12606. This law, which has been the...more

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