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Proposition 65—Under Construction
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65, continues to be amended to address errors and omissions in the original regulations. Proposition 65 applies to all businesses in the chain of com...
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Buzz Kill: Coffee Companies Roasted by Court Over Warning Labels
Chances are that if you live in or have visited California, you have seen conspicuously placed “WARNING” signs notifying you that a product you are consuming or a location you are entering “contains chemicals known to the State of California to cause...
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Environmental Groups Seek to Kill "Zombie Permits"
Environmental groups recently sued the Oregon Department of Environmental Quality (“DEQ”) over its alleged failure to renew permits in a timely manner. Most permits issued by DEQ under the Clean Water Act have an initial term of five years. According...
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Washington Supreme Court Strikes a Blow to Vested Rights
Jan 19, 2017
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In a blog post dated February 17, 2016, we wrote about a decision of the Washington Court of Appeals in Snohomish County v. Pollution Control Hearings Board favorable to developers. At issue in the case was the Washington State Department of Ecology’...
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Washington State Sets Carbon Dioxide Emission Reduction Requirements for Major Sources
Today the Washington State Department of Ecology adopted a new rule to limit carbon dioxide emissions from major sources.
Beginning in 2017, entities that emit more than 100,000 metric tons of carbon dioxide per year must reduce their emissions by 1...
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Smelter Not Liable Under CERCLA as an Arranger for Disposal
A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA.
Th...
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