Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

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 26 posts in California.

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 ›

Climate Regulation in California: A State of Constant Change

I.  Introduction

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020, through 2030.  The California Global Warming Solutions Act of 2006 (AB 32) called for a reduction in GHG emissions to 1990 levels by 2020, which California is expected to achieve.  Under SB 32, California aims to reduce GHG emissions 40% below 1990 levels by 2030. Read More ›

Introducing Our California Environmental Tracker

The San Francisco Office of Beveridge & Diamond, P.C. is pleased to announce a new series of articles dedicated to developments in California environmental law. California has long been a driver of environmental policy, often setting demanding regulatory standards and leveraging its mammoth market share to compel national compliance. Read More ›

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S.  With 100 lawyers in offices around the U.S. focused on environmental and natural resource law and litigation, Beveridge & Diamond helps clients navigate legal and business risks arising from this evolving legal landscape. Read More ›

New Proposition 65 Regulation Amendments Modify Clear and Reasonable Warning Requirements and Private Enforcement Settlement Provisions

The California Office of Environmental Health Hazard Assessment (OEHHA) and the California Attorney General each adopted regulatory amendments to the Proposition 65 regulations at the close of August 2016. The OEHHA amendments modify Article 6 of Title 27 of the California Code of Regulations, which sets forth the method and content deemed to be clear and reasonable for Proposition 65 warnings. The California Attorney General amendments (AG Amendments) modify the Proposition 65 private enforcement regulations and affect settlement terms, penalty amounts and attorney’s fees in actions brought by private plaintiffs. Read More ›

California Appellate Court Upholds “Every Exposure” Theory

Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing expert testimony based on the “every exposure” theory, calling it “the subject of legitimate scientific debate.”  See Davis v. Honeywell Int’l Inc., 199 Cal.Rptr.3d 583 (Cal. Ct. App. 2016). Read More ›

OEHHA Issues Additional Modifications to Proposition 65 Article 6: Clear and Reasonable Warning Requirements

On March 25, 2016, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) released a Notice of Modification to Text of the Proposed Repeal and Adoption of a New Article 6 Clear and Reasonable Warning Requirements (“Article 6”) (“March 25 Modifications”).  The March 25 Modifications include: clarifying language regarding the means by which responsibility for providing a warning transfers from a manufacturer, producer, packager, importer, supplier or distributor to a retail seller, and modifications to the method and content of safe harbor warnings. Read More ›

Prop 65 Regulatory Activity Raises New Compliance Questions for Industry

Summary:  This post explores recent developments in California under Proposition 65, including programmatic changes, new chemical listings, and related litigation. Companies that operate in California should be aware of these developments and the implications for their business. Read More ›

Evolving State Green Chemistry Initiatives

States continue to enact new laws and implement a diverse array of programs and
requirements seeking to regulate the manufacture, sale, and use of chemicals in
products.  Some state requirements have a narrow scope limited to particular
chemicals or products (e.g., children’s products), whereas others, such as
California, have instituted comprehensive regulatory frameworks that govern the
use of chemicals in a broad range of products.  Amidst all of this state
activity, Congress is nearing passage of a bill that would overhaul the federal
Toxic Substances Control Act (TSCA) and strengthen the national program for
reviewing and regulating chemicals. Read More ›

California Attorney General Proposes Proposition 65 Amendments To Address Litigation Abuse

On September 25, 2015, the California Office of the Attorney General published a Notice of Proposed Rulemaking to amend the regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) (“AG Amendments”).  The AG Amendments would affect settlement terms, attorney’s fees and penalty amounts in civil actions filed by private plaintiffs (a.k.a. “Private Enforcers”).  The Attorney General’s proposal also aims to provide increased transparency and judicial oversight of settlement agreements.  According to the Attorney General, the proposed amendments are designed to help restore public confidence that Proposition 65 is used for its proper health-protective purposes and not abused for private gain.  The full text of the AG Amendments can be found here. Read More ›