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 […]

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In California, real estate owners owe various legal duties to inform prospective buyers and tenants of environmental hazards on their properties. Noncompliance with these legal duties can expose owners to substantial liability, so it is essential to work closely with an experienced California environmental attorney to ensure compliance. Of course, in addition to disclosing environmental hazards, owners of commercial and residential properties may also be required to make various other […]

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Most commercial general liability (CGL) insurance policies exclude coverage for pollution-related liability. This has been the case for nearly 40 years, since the insurance industry took steps to protect itself in the wake of the enactment of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). But, for prospective buyers who want to protect themselves, there are still options available. Learn more from the California contamination lawyers at Bick Law […]

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Environmental cleanup liability can be costly, and in many cases, it stems from contamination that occurred decades ago, often before the current property owner ever acquired the site. Current and former owners of contaminated properties can face liability in both civil litigation and federal and state enforcement proceedings.  This article focuses on a frequently overlooked strategy for managing that liability: locating and pursuing coverage under pre-1986 insurance policies. Working closely […]

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