Environmental law

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.…

Read the article here. This memorandum addresses AB 617 Garcia (the Community Air Protection Program), Chapter 136, Statutes of 2017. There is also a short discussion of the recently released (2/7/2018) California Air Resources Board (“CARB”) “Concept Paper” and the accompanying “Draft Process and Criteria for 2018 Community Selections.” I. Summary AB 617 was approved by the California legislature in…

The FDA announced in  early January that the agency would be using its discretion not to enforce certain of the rules promulgated under the Food Safety Modernization Act the as they apply to specific entities or activities.  The enforcement discretion applies to provisions in the : Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule, Current Good…

The San Joaquin Valley Air Pollution Control District received more than $88 million in Cap and Trade funds from the California Air Resources Board (CARB), the air district reported on January 22, 2018. The largest portion of the  $80 million, will be used to support programs to help farmers, truck drivers and businesses replace heavy-polluting trucks, diesel equipment and school…

The San Joaquin Valley Air Pollution Control District received more than $88 million in Cap and Trade funds from the California Air Resources Board (CARB), the air district reported on January 22, 2018. The largest portion of the  $80 million, will be used to support programs to help farmers, truck drivers and businesses replace heavy-polluting trucks, diesel equipment and school…

The Office of Planning and Research (OPR) has issued a final version of its proposed revisions to the CEQA guidelines. The Natural Resources Agency will soon begin the formal administrative rule making process under the Administrative Procedure Act. This rule making process will entail additional public review, and may lead to further revisions. After completing the process, the Secretary for…