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Category: Environmental Law

GHG Emissions and EIS Adequacy in the Newhall Case – California Real Estate Law Developments

Fri Sep 23rd, On Environmental Law, by

On July 11, 2016, in a partially published opinion, the Second Appellate District Court of Appeal in Center for Biological Diversity v. Department of Fish and Wildlife (The Newhall Land and Farming Company, Real Party in Interest) – on remand from the Supreme Court’s earlier decision – reversed in part and affirmed in part the trial court’s judgment finding that Newhall’s real estate project environmental impact statement (EIS) was inadequate […]

Public Comment Period To Begin On California’s Proposal To Allow For Continued Use Of “Point-Of-Sale” Prop 65 Warnings For BPA

Wed Sep 21st, On Environmental Law, by

On September 16, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed the re-adoption of an emergency regulation that allows temporary use of a standard point-of-sale Proposition 65 “safe harbor” warning for bisphenol A (BPA) exposures to consumers from canned and bottled foods and beverages.  The emergency regulation, which became effective April 18, 2016, is in effect for a limited time of 180 days and will expire on […]

Aerial Deposition of Hazardous Substances – A Look at Pakootas v. Teck Cominco Metals, Ltd.

Mon Sep 12th, On Environmental Law, by

On July 27, 2016, the Ninth Circuit Court of Appeals reached a decision in Pakootas v. Teck Cominco Metals, holding that the defendant – a Canadian smelter operator – is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for aerial emissions of various hazardous substances that were subsequently deposited onto and into the Upper Columbia River Site in Washington state.  The court reasoned that the defendant […]

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