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Private California Enforcement Groups Target Flame Retardants in Furniture, Mattresses, and Related Products

May 16, 2013

In the last several months, private enforcement groups have sent a number of notices alleging violation of Proposition 65 in connection with a range of furniture and other products incorporating foam cushioning materials.[1] The notices specifically allege that use of these products will result in exposures to certain chemical flame retardants (Tris (1,3 More

Proposition 65 – Will California’s Toxics Warning Law Finally Be Reined in?

May 16, 2013

Over 25 years ago, voters in the State of California approved a relatively obscure ballot initiative known as the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Proposition 65.”[1] At the time, both advocates and opponents of the initiative described it primarily as an environmental protection law, aimed at preventing the discharge More

NEPA: California Federal Court Requires Full Environmental Impact Statement for BLM Leases Involving Hydraulic Fracturing

May 6, 2013

In the first federal court decision to directly examine an agency’s review of the potential environmental impacts of hydraulic fracturing, a federal magistrate judge[1] in the Northern District of California ruled that the U.S. More

AB 32: New Challenge Targets California Cap-and-Trade Law

May 6, 2013

The California Air Resources Board (“CARB”) has again been sued over its implementation of the Global Warming Solutions Act of 2006 (also known as AB 32). The lawsuit, Morning Star Packing Co. et al. v. More

Water Resources - Not Just Water Quality – Gains Attention of Opponents to Hydraulic Fracturing

April 22, 2013

This article was originally published in The Water Report, the monthly newsletter for water lawyers, and anyone interested in water law, water rights, and water quality in the western United States. Special thanks to David Light for permission to republish. More

NEPA: Supreme Court to Review Whether Programmatic Land Management Decisions Are Subject to Judicial Review

April 22, 2013

The Supreme Court’s decision on March 18 to review the Ninth Circuit’s decision in Pacific Rivers Council v. U.S. More

Acquavella – Washington’s 36-Year Old Water Rights Adjudication Nears an End

April 16, 2013

The Washington Supreme Court’s recent opinion in Department of Ecology v. Acquavella (“Acquavella V”) brings water users in eastern Washington closer to the end of a 36 year battle over water allocation in the state’s most fertile agricultural region. More

Clean Water Act: EPA Issues New Vessel General Permit With Numeric Limits for Ballast Water Discharges

April 16, 2013

EPA has released a final permit covering vessel discharges under the Clean Water Act (CWA) that for the first time sets numeric effluent limits for ballast water discharges from large commercial vessels. The new Vessel General Permit (VGP) will replace the current VGP when it expires in December 2013. More