Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 6 posts by Kaitlyn D. Shannon.

California Appeals Court Upholds State’s Reliance On Conclusion By A Foreign Agency To Classify Glyphosate As “Cancer-Causing”

Two courts recently examined California’s regulation of glyphosate, a widely used pesticide ingredient, for its alleged health risks via the state’s Proposition 65 warning program. The decisions are noteworthy for the contrasting approaches that they take with respect to the amount of deference to give to international regulatory actions that are incorporated by reference into U.S. law. Read More ›

California Supreme Court Allows Unfair Competition and False Advertising Claims Against Employer Arising From Workplace Accident

A recent California Supreme Court decision held that employees can sue their employers for workplace safety violations under the State’s consumer protection laws.  See Solus Industrial Innovations, Inc. v. Superior Court of Orange County, 4 Cal.5th 316 (February 8, 2018).  The practical impact of this decision is that claims arising from workplace accidents, which have traditionally been addressed through an administrative process, could give rise to civil claims for unfair competition or false advertising, at least in California.  Read More ›

CERCLA Task Force Issues Recommendations

EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program.  The Agency’s adoption of these recommendations is another indication that demonstrable change to CERCLA implementation is of interest to the Trump administration.   It follows the EPA Administrator’s May 9 retraction of certain remedy selection authority from regional offices. Read More ›

California Supreme Court Refuses to Take Up Challenge to Cap-and-Trade Program; CARB Confirms Board Hearing Will be Held in July

The California Supreme Court yesterday refused to take up the appeal in California Chamber of Commerce v. CARB, ending litigation that would have struck down a key element of the California Cap-and-Trade program (the “Program”).  The Third Appellate District Court of Appeal had previously ruled against the California Chamber of Commerce’s argument that the Program’s auction of allowances was an unconstitutional tax under state law.  The Court of Appeal’s ruling is now the final say on this issue. Read More ›

Early Presidential Actions to Expedite Infrastructure and Domestic Manufacturing

On January 24, 2017, President Trump issued an Executive Order and a Presidential Memorandum aimed at streamlining environmental reviews and permitting for infrastructure projects and domestic manufacturing.  These actions echo efforts in prior administrations to achieve similar goals, and if aggressively implemented have the potential to significantly reduce lead times and increase certainty for large-scale infrastructure projects and manufacturers seeking federal approvals. Read More ›

Clearing the CERCLA Air: Ninth Circuit Holds Air Emissions Are Not Disposal

In a case of first impression, this week, the Ninth Circuit Court of Appeals
held that the owner of a Canadian smelter was not liable as a person who
“arranged for disposal” of hazardous substances when it emitted those compounds
into the air and the substances were deposited onto land and water downwind. 
Pakootas v. Teck Cominco Metals, No. 15-35228 (9th Cir.
July 27, 2016).  Overturning the district court’s decision, the Court excluded from the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") definition of "disposal," the emission of hazardous substances into the air that are then deposited elsewhere.  The Court relied heavily on the reasoning and analysis from two previous Ninth Circuit decisions to determine that the term “disposal” as construed under CERCLA did not include the passive depositing of compounds onto land or water through emission into the air.  The Court’s holding follows Ninth Circuit precedent that passive migration does not constitute disposal under CERCLA. Read More ›