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General Business Environmental

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Implication of Daishowa to Purchasers

by Bennett Jones LLP on

Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

by Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

Food & Ag Weekly Round-Up: January 2018 #3

by Husch Blackwell LLP on

- Food Dive discussed 2018 grocery tech trends. - Business Insider discussed McDonald’s sustainability efforts....more

Federal Regulatory Applications as to Supply Chain Management

Will the current U.S. government import/export regulations or their possible changes impact your 2018 business operations? Does any portion of the supply chain that supports your acquisitions of commercial or operational...more

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

What is Prop 65? - Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more

Ozone Nonattainment in Wisconsin

by Foley & Lardner LLP on

Just before the holiday break, U.S. EPA announced the potential return to “nonattainment ozone status” for a number of locations in the United States, including portions of eastern and southeastern Wisconsin. After achieving...more

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

FERC Terminates DOE’s Proposed Grid Resiliency Rulemaking Effort and Opens Its Own Investigation

by Perkins Coie on

In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of...more

Prop 65: 9 chemicals added to California’s list for required warnings

by Thompson Coburn LLP on

During 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added nine compounds to its list of chemicals that product manufacturers are required by law to disclose to consumers. The disclosure...more

Looking Forward: Canadian Class Actions in 2018

by Bennett Jones LLP on

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

In naming Gregory Abel and Ajit Jain vice chairs, Berkshire Hathaway took another big step this week in laying out LAWB (Life After Warren Buffet)....more

Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

by Liskow & Lewis on

In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc., No. 16-30217 (5th Cir. Jan. 8, 2018). The case called upon the court to determine...more

Prop 65 Victory For Defendants – Defendants Are Entitled To Have Their Cases Heard In the County Where the Claim Arose

Prop 65 Plaintiffs routinely file most Prop 65 cases in Alameda County, presumably because they believe it is a plaintiff-friendly forum. However, the California Court of Appeal recently issued a victory for Prop 65...more

Window on Washington - Vol. 2, Issue 1

by Clark Hill PLC on

Another short-term continuing resolution is all but guaranteed as the current continuing resolution will expire later this month and budget talks last week did not result in a deal or hint at one in the near future. As the...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Petroleum Marketing Industry: E-Z Mart Stores, Inc. (Texarkana, Texas) to be Acquired by GPM Investments, LLC

Texarkana, Texas based E-Z Mart Stores, Inc. (“E-Z Mart”) has announced it is being acquired by GPM Investments, LLC (“GPM”). The privately-owned company is a major petroleum marketer operating almost 300 convenience...more

Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public:...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more

Currents - Energy Industry Insights - December 2017 #3

Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more

California Clarifies Requirements for Consumer Product Warnings When Marketing Over the Internet or in Catalogs

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (OEHHA) recently clarified its regulations on when a warning needs to be given when marketing consumer products via the Internet or catalogs. The regulations...more

Whiskey Aging Emissions: Supreme Court of Kentucky Addresses Whether Clean Air Act Preempts Common Law Claims

The Supreme Court of Kentucky addressed whether common law claims filed related to air emissions were preempted by the Clean Air Act. See Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. Miller, 2017. The...more

Minerals Matters Autumn 2017

by DLA Piper on

Hello and welcome to the latest edition of Minerals Matters. A lot has happened since the last edition but the issues that affect business remain the same and certainty remains elusive and in many respects even harder to...more

New Amendments to Proposition 65 Provide Clarity and Guidance to Clear and Reasonable Warning Requirements

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (“OEHHA”) announced the approval of new amendments to regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as...more

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