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The U.S. Environmental Protection Agency issued a Notice of Findings in the Federal Register (62720 Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018) on Thursday that the PM 2.5 Attainment Plan for the Central Valley is overdue and that if it not completed and incorporated into the State Implementation Plan within 18 months-sanctions will be imposed that…
Coleman & Horowitt is a proud sponsor of Valley Innovators, a company dedicated to the advancement of knowledge, mentorship and development of capital for startups. As part of our sponsorship, attorneys from Coleman & Horowitt participate in podcasts, in an effort to provide useful information to entrepreneurs and start up companies. Recently, Sherrie Flynn, a patent attorney specializing in all aspects…
The Office of Environmental Health Hazard Assessment (OEHHA) adopted amendments to the Clear and Reasonable Prop 65 regulations on November 20, 2017 to clarify certain provisions. The changes relate to two mains topics:The first is to clarify the definition of a Registered Agent for the purposes of providing notice of the Prop 65 requirements. These changes were required as manufacturers…
Pinkette Clothing v. Cosmetic Warriors In Pinkette Clothing, Inc. v. Cosmetic Warriors Limited, dba Lush Handmade Cosmetics (“CWL”), CWL filed a trademark infringement suit against Pinkette, seeking cancellation of its trademark registration because of the likelihood of confusion as to the use of the label “LUSH” on clothing. The U.S. Ninth Circuit Court of Appeal affirmed the district court’s judgment in favor of Pinkette,…
(OEHHA) has proposed changes to the regulations that govern how Prop 65 reproductive toxicants in foods should be calculated. The proposed changes to the Prop 65 regulations amend 27 CCR §25821(a) and 27 CCR §25821(c) (2) purportedly to prevent incorrect or inconsistent determinations as to the applicability of Prop 65. https://oehha.ca.gov/proposition-65/crnr/proposed-amendment-sections-25821a-and-c-level-exposure-chemicals-causing § 25821. Level of Exposure to Chemicals Causing Reproductive Toxicity (a) For purposes of the Act, “level…
U.S. Courts of Appeal are split as to whether copyright registration occurs once the copyright holder delivers the required application, deposit and fee to the Copyright Office, or whether registration occurs after the Copyright Office acts on an application by either registering or denying a copyright. As such, the Supreme Court will consider this issue in its current term through Fourth Estate Public…
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.