Consumer Law and Environment
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Jenner & Block to Host Webinar on EHS Issues Facing the Cannabis Industry
On May 4, Jenner & Block Partner Steven M. Siros and Associate Leah M. Song will present a CLE webinar on environmental, health, and safety (EHS) issues facing the cannabis industry. Continue reading
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Earth Day 2021: Heightened Chemical Regulation under the Biden Administration
A key platform of President Biden’s environmental agenda is a heightened focus on regulating chemical substances under the Toxic Substances Control Act (TSCA). Regulating chemicals in order to minimize the threat to human and the environment is clearly also critical to achieving the aims and goals of Earth Day especially considering that the publication of… Continue reading
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Does Novel “Greenwashing” Enforcement Action Portend a New Trend?
Lawsuits over alleged misleading environmental marketing claims, or “greenwashing,” are nothing new. It has been nearly 30 years since the Federal Trade Commission (FTC) released its first version of the “Green Guides,” which are intended to help marketers avoid the practice. Continue reading
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Oil Industry Scores Big Win in Second Circuit Greenhouse Gas Litigation
Breaking from the pack and potentially creating a circuit split, the Second Circuit’s decision in City of New York v. Chevron, et al. dismissing New York’s City’s climate change lawsuit is a significant victory for the oil and gas industry. Continue reading
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Unexplained PFAS Contamination at Petroleum Spill Site Mystifies Environmental Regulators
The North Carolina Department of Environmental Quality (DEQ) is continuing to investigate an unexplained source of per-fluorinated compounds (PFAS) contamination that may be associated with the deployment of a fire-fighting compound in response to a major gasoline release by the Colonial Pipeline system on August 14, 2020. Continue reading
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Lawsuit Filed Challenging DOJ’s Policy on Supplemental Environmental Projects
On October 8, 2020, the Conservation Law Foundation filed a lawsuit challenging a DOJ policy that barred the use of supplemental environmental projects (SEPs) in federal enforcement settlements with private parties. Continue reading
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California Becomes First State to Ban PFAS in Cosmetics
On August 30, 2020, the California legislature passed the Toxic Free Cosmetics Act making California the first state to ban certain chemicals from cosmetics. Governor Newson signed the bill into law on October 1, 2020. Continue reading
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State Court Legal Challenge to Illinois Gov. Pritzker’s COVID‑19 Executive Orders
Although Illinois Governor Pritzker has scored successes in the federal lawsuits brought against his COVID‑19 Executive Order actions, he has not fared as well, thus far, in state court…. An analysis of the Governor’s successes upholding his Executive Orders in federal court can be found here. For regular updates about the impact of COVID‑19 in… Continue reading
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OEHHA Proposes Additional Safe Harbor Levels for Cooked or Heat-Processed Foods Containing Proposition 65 Chemicals
On Tuesday, August 4, 2020, the California Environmental Protection Agency Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking to adopt amendments to the regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”). Specifically, OEHHA is proposing to amend Title 27 of the California Code of… Continue reading
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Does Environmental Investigation and Remediation Continue Despite COVID-19 Business Restrictions and Social Distancing?
As the United States rapidly transitions to working from home (when possible) companies involved in environmental investigations or remediation work must determine whether such field or other work could, should, or must continue in the days, weeks, and months ahead. Continue reading