Nearly Over 30 Years Of Representing Businesses And Their Owners
This article which ran in the Central Valley Ag Supplement of the Fresno Business Journal provides a summary of the areas of water quality and water supply issues that are the most compelling. Basin Plans The state Porter-Cologne Water Quality Control Act requires the adoption of water quality control plans (Basin Plans) that provide the outline for managing water pollution…
In Environmental Law Foundation et al., v. State Water Resources Control Board(“Environmental Law Foundation”) the Third Appellate District of the State of California (the “Court”) held (1) the Public Trust Doctrine applies to the extraction of groundwater that adversely impacts a navigable waterway; and (2) the State Legislature did not intend to occupy the field of groundwater management by enacting the…
Coleman & Horwitt LLP assisted the Manufacturer’s Council of the Central Valley as well as the Central Valley BizFed in drafting comments to the California Air Resources Board’s AB 617 Blueprint. The comments are set out below.
The San Joaquin Valley Air Pollution Control District (“SJVAPCD”) has tentatively identified sections of Fresno and Bakersfield for Community Monitoring under AB 617. The Staff Report that was presented at at the June 21, 2018 meeting is available online. http://www.valleyair.org/Board_meetings/GB/agenda_minutes/Agenda/2018/June/final/07.pdf These areas, once monitoring results are reviewed, may be subject to enhanced emission controls, monitoring, enforcement and land use controls…
OEHHA has initiated a proposed regulation to attempt to clarify that exposures to Proposition 65 listed chemicals in coffee are created by the roasting of coffee beans and brewing of coffee and the State asserts that it does not pose a significant cancer risk. The proposed language is as follows: ARTICLE 7. NO SIGNIFICANT RISK LEVELS § 25704. Exposures to…
BY CRAIG A. TRISTAO Lawsuits brought by municipalities against the manufacturers of chemicals, including 1,2,3, Trichloropropane, whom the municipalities contend contaminate drinking water could be for naught as a federal jury awards no damages after finding liability for sodium nitrate contamination of groundwater. A recent federal jury decision in an action brought by the City of Pomona against a North…
The Fifth Appellate District affirmed a judgment from a trial court holding that Prop 65’s definition of hazardous chemicals as including substances identified as such by IARC, an agency of the United Nations does not constitute an improper delegation of authority. On method for listing chemicals on the Prop 65 list is whether it is listed as human or animal…
“The Office of Environmental Health HazardAssessment has adopted a No Significant Risk Level of 1100 micrograms per day forglyphosate. This means that exposures to glyphosate below 1100micrograms per day are not considered a significant risk of cancer for purposes of Proposition 65 and would not require a warning. Safe-harbor levels help businesses determine when a warning is required for exposures…
A Superior Court Judge in the latest in a series of Prop 65 cases involving coffee industry has tentatively ruled that the Prop 65 warnings are required. CERT v. Starbucks.( LA Ct. NO. BC435759). The chemical at issue, Acrylamide, is formed in coffee beans during the roasting process and is then introduced into coffee itself when the coffee is brewed.…