News & Analysis as of

Chemicals Appeals Environmental Protection Agency (EPA)

Cozen O'Connor

EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

Cozen O'Connor on

Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the...more

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Confidential Business Information/Toxic Substance Control Act: Environmental Defense Fund Opening D.C. Circuit Court of Appeals...

The Environmental Defense Fund (“EDF”) filed an opening brief with the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) challenging a United States Environmental Protection Agency (“EPA”) Toxic Substances...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Bergeson & Campbell, P.C.

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

Bergeson & Campbell, P.C.

United States Court of Appeals for the 9th Circuit Is Likely to Consider Requests to Stay the Registration of a New Herbicide...

Center for Food Safety v. EPA is a case in the U.S. Court of Appeals for the 9th Circuit (9th Circuit) that consolidates two petitions for review of a decision by the U.S. Environmental Protection Agency (EPA) to register the...more

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