As devastating wildfires displace thousands in Los Angeles County, Governor Newsom has declared a state of emergency. In the wake of this crisis, California’s price-gouging laws impose strict limits on rental price increases to prevent exploitation of displaced individuals.
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EPA’s PFAS Dragnet: What Companies Need to Know About PFAS Reporting Under TSCA Section 8(a)(7)
Compliance with EPA’s Rule for Reporting and Recordkeeping Requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) will demand the attention and resources of companies that have manufactured or imported PFAS, or articles containing PFAS, since 2011. …
City Council says Yes to the City of Yes for Housing Opportunity
Today, the City Council (by a vote of 31 to 20) approved the modified City of Yes for Housing Opportunity text amendment (COYHO), which aims to combat the housing crisis by making it possible to build a little more housing in every neighborhood. COYHO is the final piece of Mayor Eric Adams’s City of Yes vision,…
City of Yes for Housing Opportunity Update
Yesterday, the Zoning and Franchises Subcommittee (by a vote of 4-3) and Land Use Committee (by a vote of 8-2 and one abstention) approved the City of Yes for Housing Opportunity text amendment (COYHO), with modifications. COYHO is the final piece of Mayor Eric Adams’s City of Yes vision, a trio of legislative packages that seek…
DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National Environmental Policy Act (“NEPA”) leaves federal agencies and private projects facing tremendous uncertainty and likely delays in completing environmental reviews. In Marin Audubon Society v.…
EPA Designation of PFAS as Chemicals of Special Concern Expands TRI Reporting Requirements for Nearly 200 PFAS
Long-term changes to Toxics Release Inventory (“TRI”) reporting requirements under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) will require thousands of facilities to submit reports on per- and poly-fluoroalkyl substances (“PFAS”) for the first time in 2025. More than 196 PFAS chemicals are listed on the TRI list for the 2024 reporting year, and…
California Aims to Revolutionize Packaging and Food Ware: Answers to Key Questions about Recycling, Composting and Source Reduction Requirements
Plastic packaging and food ware are some of the first targets of California’s ambitious and far-reaching program to achieve a “Circular Economy” that reduces waste and pollution. The California Department of Resources, Recycling and Recovery (CalRecycle) is constructing a complex structure of procedures and requirements to reduce the total amount of plastic used in the…
California Adds New Options to Growing Menu of Prop 65 Warning Labels for Foods Containing Acrylamide, Citing “Additional Guidance” from the Ninth Circuit
California recently amended its Proposition 65 regulations[1] to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat cooking. By adding insights from a recent Ninth Circuit opinion into the legislative mix, California hopes it has crafted the recipe for success in its…
Sustainability Reporting Obligations for EU and Non-EU Companies: The Corporate Sustainability Reporting Directive
The Corporate Sustainability Reporting Directive, Directive (EU) 2022/2464 (CSRD) is part of the European Union’s efforts to enhance the scope and quality of sustainability reporting among companies. It imposes sustainability reporting obligations on an increased number of EU and non-EU companies. While some companies will have to file their reports as early 2025, most companies…
A New Hope for the Future of Mitigated Negative Declarations: The Logistics of Warehouse Storage Greenhouse Gas Analysis
In its decision in Upland Community First v. City of Upland, the Fourth District Court of Appeal upheld a Mitigated Negative Declaration (MND) for the development of a warehouse and parcel delivery service building against a challenge primarily to its greenhouse gas (GHG) emissions thresholds. In doing so, the Court provided a rare victory for…