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
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
1/9/2018
/ Agricultural Sector ,
Drinking Water ,
Injunctive Relief ,
Motion to Transfer ,
Natural Products ,
Proposition 65 ,
Retail Market ,
Safe Drinking Water Act ,
Toxic Exposure ,
Transfer of Venue ,
Venue
Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution action, the Tenth Circuit ruled that a mining company, whose...more
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
COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW -
City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo....more
In a recent trial in Los Angeles Superior Court in the matter AFS Enterprises, LLC, v. Reckitt Benckiser, PLC, Los Angeles Superior Court Case No. BC539678, the plaintiff brought a single claim under Proposition 65 (Safe...more
President Obama just signed a bill amending the Toxic Substances Control Act (“TSCA”), changing the way the EPA regulates chemicals. For the last 25 years, the EPA has regarded TSCA’s principal control provision as unworkable...more