News & Analysis as of

Regulatory Requirements Constitutional Challenges California

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

Latham & Watkins LLP on

A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

Greenberg Glusker LLP on

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

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

Greenberg Glusker LLP on

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

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

Downey Brand LLP on

On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

Baker Donelson

Red Tape or Green Future? Unpacking California's Climate Disclosure Laws and the Pushback

Baker Donelson on

As the federal government works to roll back climate regulations and climate-focused initiatives, states are developing avenues to fill in the gaps left behind. In 2024, the Securities and Exchange Commission (SEC) adopted...more

Morrison & Foerster LLP - Social Media

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

California’s attempt to impose content moderation transparency requirements on social media platforms has suffered a significant setback. Last month, the state reached a settlement with X Corp. (formerly Twitter), effectively...more

Latham & Watkins LLP

Legal Battle Over California’s Climate Disclosure Laws Continues as Plaintiffs File a Motion for Preliminary Injunction

Latham & Watkins LLP on

Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more

Paul Hastings LLP

New York State Bill Seeks to Impose Greenhouse Gas Emissions Disclosure Requirements

Paul Hastings LLP on

On January 27, 2025, N.Y Sen. Brad Hoylman-Sigal (D), introduced Senate Bill 3456 (“SB 3456”) calling for the adoption of the Climate Corporate Data Accountability Act (“CCDAA”). The bill is substantively identical to...more

Troutman Pepper Locke

Court Order Hobbles Challenge to California’s Climate Disclosure Laws

Troutman Pepper Locke on

Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

Mintz on

Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Allen Matkins

Has California Imposed Nationwide Price Controls?

Allen Matkins on

On January 7, 2025, Governor Newsom proclaimed a State of Emergency in Los Angeles and Ventura Counties due to the fire in the Pacific Palisades and windstorm.  This proclamation triggered price the application of California...more

Bass, Berry & Sims PLC

Motion for Summary Judgement Denied: Battle over California Climate Legislation Continues

Bass, Berry & Sims PLC on

Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more

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