Nearly Over 30 Years Of Representing Businesses And Their Owners
To download the PDF Click here Under the Waterkeeper case the D.C. Circuit held that a 2008 rulemaking that exempted certain CAFO’s and farms from emission reporting requirements under certain statutes was improper. Large animal farms and dairies will now be required to report more air pollution from animal waste after the D.C. Circuit April 11 vacated the Environmental Protection…
By Lee N. Smith Click here to download the PDF These are the Top Ten Food Safety Concerns for 2017 that were identified by the Acheson Group: Trump’s New Administration:What changes will occur What will the new administration do with the FDA budget and how will that impact its FSMA enforcement resources? It will also be interesting to see…
By Lee N. Smith Download the PDF here OEHHA has proposed thatglyphosate be listed with a No Significant Risk Level (NSRL) of 1100 microgramsper day. For chemicals assessed under Prop 65 for cancer sets a threshold risk level which represents no significant risk shall be one which is calculated to result in one excess case of cancer in an…
By: Lee N.Smith Attorneys representing a Ventura County farmworker and environmental justice groups filed a lawsuit against the California Department of Pesticide Regulation (DPR) in January 2017 alleging that the California state agency did not do enough to protect the public from the fumigant pesticide Telone (1,3-dichloropropene). The lawsuit, filed in Alameda County Superior Court, alleges that DPR failed to follow…
By: Lee Smith The recent revisions of the Prop 65 regulation have been revised, again. Proposed Section 25205 concerns the content of the Lead Agency Website. Under this section the agency is to maintain a web-based portal to collect and display information provided to the agency by manufacturers related to exposures. These regulations require a manufacturer, producer, distributor or importer…
Download the PDF here. Oeeha has revised the new notice regulations requesting comments by June 6, 2016. following is quoted from the Oehha site. The The most significant changes are summarized below: In Section 25600(e) the term “fully” was removed. This provision is intended to be a statement of current law. Specifically, if a party to a court-ordered settlement or…
To download the PDF click here. In August 2016 OEHHA finalized the new Prop 65 Warning regulations. In summary, there is new safe harbor language, a new website for consumers, and attempts to clarify liability as between manufacturers and retailers. The new regulations go into effect on August 30, 2018, new labels can however be used before that time. The language required…
By Lee N. Smith & Craig A. Tristao The new Greenhouse gas legislation “package” extends California’s Gas Cap & Trade program and sets new emission reduction goals for 2030. It further sets emission reductions for methane. The legislation has the potential to impact dairies, landfills and composting operations. The attached powerpoint which was originally presented at the Manufacturers’ Council…
Latches is an equitable doctrine that says you can’t know about a claim you could bring and then wait years before bringing a lawsuit. The idea is that after a while, people should be able to rely on the fact that you haven’t sued to indicate that you won’t. Last year SCOTUS found that latches doesn’t apply to copyright cases. …
Download the PDF here It never made sense to me that design patents — patents that protect an ornamental design instead of a functional aspect of a device — used a formula for determining damages that made them far more valuable than utility patents. District courts have traditionally awarded damages equal to essentially all of the profits generated by the…