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Category: Litigation

Federal Court Declares Proposition 65 Warning Requirement for Dietary Acrylamide Unconstitutional: What’s Next?

Fri Aug 22nd, On Litigation, by

The U.S. District Court for the Eastern District of California recently held that California’s addition of dietary acrylamide to the Proposition 65 warning list was unconstitutional. The decision came in the case of California Chamber of Commerce v. Bonta, which the Chamber of Commerce initially filed in 2019. While the decision is specific to dietary acrylamide, the court’s analysis provides some valuable insights for evaluating future challenges to listings under Proposition […]

Burger King Faces Retribution Over Hazardous Compounds in Whopper Packaging

Sat May 21st, On Litigation, by

Complete with fresh cut lettuce, mayo, and a swirl of ketchup, served on a sesame seed bun, the Burger King Whopper stands as the choice lunch for the thousands of customers who consume it daily. While it is commonly held that Burger King, similar to most fast-food restaurants, lacks the nutritional advantages that humans demand, there may be a secondary danger associated with the infamous whopper endangering the health of […]

Clean Air Act: The Status of EPA’s Methane Regulation Rollbacks and Associated Litigation

Fri Dec 18th, On Litigation, Rulemaking and Legislative Practice, by

Methane is the main ingredient of natural gas and a potent greenhouse gas (“GHG”) with a short half-life. When methane leaks into the air before its use—from a leaky valve at a drilling site, for example—it absorbs the sun’s heat and warms the Earth’s atmosphere. The largest source of methane emissions in the United States is the oil and gas industry (source: EPA). The methane regulations established by the Obama […]

EPA’s Groundwater Guidance Is Vague, Not Likely To Be Finalized

Tue Dec 15th, On Litigation, Rulemaking and Legislative Practice, by

This week the U.S. Environmental Protection Agency (“EPA”) issued a draft guidance on compliance with the Supreme Court decision regarding Clean Water Act (“CWA”) permits for groundwater pollution. The draft guidance narrowly interprets the permitting required by the April Supreme Court decision in County of Maui v. Hawaii Wildlife Fund. In Maui, the Court ruled Clean Water Act permits can be required under certain circumstances when pollution hits groundwater before […]

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