In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...more
On June 30, California Governor Gavin Newsom signed two budget bills that contained the most significant reforms to the California Environmental Quality Act (CEQA) in decades, effective immediately. These changes create an...more
On July 1, the California Department of Resources, Recycling, and Recovery (CalRecycle), a California agency tasked with implementing the state’s sustainability laws, released its latest draft of regulations for California...more
On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more
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
Effective May 13, 2025, the United States Environmental Protection Agency (EPA) issued an interim rule extending the data submission period for the Toxic Substances Control Act (TSCA) section 8(a)(7) perfluoroalkyl and...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
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
California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for...more
It's finally happened. The US Environmental Protection Agency has designated two widely used PFAS compounds, PFOA and PFOS, as "hazardous substances" under CERCLA....more
On April 4, 2024, rather than waiting for the Eighth Circuit to issue a ruling on plaintiffs’ pending emergency motion for an administrative stay of the SEC’s final rule regarding the Enhancement...more
As previously posted, in a landmark legal challenge, a coalition led by prominent business federations is challenging California's pioneering climate disclosure laws, Senate Bill 253 (the Climate Corporate Data Accountability...more