Articles in Environmental Law

New York Ramping Up Oversight of Chemical Substances in Consumer Products

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The Department of Environmental Conservation (“DEC”) has promulgated regulations for the Household Cleansing Products Disclosure Program (“Program”), which requires manufacturers of cleansing products to disclose, on their websites, the ingredients of their products sold and any research and investigations on the ingredients’ effects on human health and the environment. New York State regulations will be effective starting October 2, 2019. New Read More

CALIFORNIA ADOPTS WETLANDS DEFINITION AND EXPANDS REQUIREMENTS FOR DREDGE OR FILL APPLICANTS

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After more than a decade of work, the California State Water Resources Control Board (State Board) approved on April 2, 2019, a common definition for California wetlands and a regulatory program that amends and expands the permit requirements for the discharge of dredge or fill materials that impact or could impact state waters. We forecast coming changes and their importance Read More

Regulatory Update: EPA and New York Actions on PFOA and PFOS

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There has been a growing focus on per- and polyfluoroalkyl substances (PFAS) recently. This focus will pose new challenges for the regulated community. This client update provides a brief overview of PFAS, a history of federal efforts to regulate them and a summary of recent regulatory actions by the Environmental Protection Agency (EPA) and the State of New York. WHAT Read More

Third Circuit Holds Owner Liable for Pre-Acquisition Remediation Costs under CERCLA

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The Third Circuit recently concluded that the owner of a remediated site could be liable under Section 107(a) of CERCLA for remediation costs incurred prior to its acquisition of the property. Pa. Dep’t of Envtl. Prot. v. Trainer Custom Chem. LLC 906 F.3d 85 (3d Cir. 2018). The case is noteworthy not only because of the significant implications for property owners and developers, but also because Read More

NSW Government Bulletin – summer edition

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Welcome to the summer edition of NSW Government Bulletin - your essential holiday season reading! In this special edition of our fortnightly publication, we take a magnifying glass to the issues and reforms that emerged over 2018 in key areas affecting government. We also cast forward to examine the expected major trends and developments for 2019. Our authors will also Read More

Employment Law Alert: Changes to MA Non-Competition Laws Starting October 1

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By now, many employers are aware that Massachusetts law governing non-competition agreements is changing at the end of this month. A non-competition covenant or agreement is a provision in either an employment agreement, offer letter or separate agreement where an employer provides to an employee or independent contractor payment or some other consideration (for example a stock option or bonus). Read More

WHAT BUILDING OWNERS NEED TO KNOW ABOUT NEW ENERGY DISCLOSURE REQUIREMENTS

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New California state regulations are impacting numerous owners of commercial property across the Golden State. Specifically, owners of nonresidential buildings face new disclosure requirements regarding energy use, with potential legal ramifications for noncompliance. Here’s what California building owners need to know to stay on the right side of the law. View entire article here. Read More

HOW WILL FEDERAL SOLAR PANEL TARIFFS IMPACT CALIFORNIA’S ENERGY POLICY?

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President Donald J. Trump’s decision to implement tariffs on imported solar panel components in early 2018 is expected to have a reverberating impact on the renewable energy industry in California, impacting both businesses and regulators. Among the many ramifications from the decision will be the need for the California Public Utilities Commission (CPUC) to revisit some of its policy decisions Read More

YOU HAVE BEEN WARNED: CHANGES COMING TO PROPOSITION 65 REQUIREMENTS

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New Proposition 65 warning requirements will come into effect August of 2018, requiring that entities doing business in California provide additional details in product warnings. The new regulations require additional content and specify the method of warnings for certain environmental exposures, industries, and products, e.g. food/alcohol. The new regulation also requires that warnings be provided prior to persons completing the Read More

UPDATE: U.S. SUPREME COURT DENIES CERT. IN INDIAN RESERVED GROUNDWATER RIGHTS CASE

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The U.S. Supreme Court today (November 27, 2017) upheld a key decision affecting Native American tribal rights. Last March, we posted regarding the remarkable Ninth Circuit decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (849 F.3d 1262 (2017)), in which the Ninth Circuit affirmed that the federal “reserved rights” doctrine for water established in the Read More