A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the statewide requirement under Proposition 65 for warning labels on foods containing acrylamide. (California Chamber of Commerce v. Bonta, No. 2:19-cv-02019-DJC-JDP.) This ruling is a major victory for
The U.S. Environmental Protection Agency (EPA) announced a comprehensive set of actions to address per- and polyfluoroalkyl substances (PFAS) contamination on April 28, 2025, with a focus on preventing PFAS from entering drinking water systems, holding polluters accountable, and protecting passive receivers. According to EPA Administrator Lee Zeldin, this announcement represents the initial phase of
Until this year, food companies—often the target of Proposition 65 enforcement actions—have been limited to specific “full-length” language for Prop 65 warnings, without explicit guidance regarding whether short-form warnings could be used as a safe harbor warning for food products and non-alcoholic beverages. Prior to the implementation of amended regulations this year, Prop 65 regulations required
The current commercial real estate market has faced ongoing distress across various asset classes for several years. In the Practical Real Estate Lawyer article, “Primer on Commercial Real Estate Loan Workouts and Right-Sizing,” Sheppard Mullin Real Estate, Energy, Land Use & Environmental partner Richard Fries explores both traditional solutions for managing a distressed commercial real
The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) proposed last week to rescind the regulatory definition of “harm” under the federal Endangered Species Act (ESA), sparking intense criticism from environmental advocacy groups. If finalized, the rescission would remove a longstanding protection for the habitat of wildlife species listed
This report provides an overview of major federal environmental regulations and court decisions of 2024. Landmark U.S. Supreme Court decisions with lasting consequences for environmental policy include Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024),1 which ended judicial deference to administrative agencies, and Corner Post v. Federal Reserve, 603 U.S. 799 (2024), which opened
In a further effort to revitalize and reimagine its downtown core, San Francisco’s Board of Supervisors has passed and the Mayor has signed legislation exempting certain residential conversion projects from development impact fees, including the City’s substantial inclusionary housing fee. The legislation exempts projects that replace non-residential uses with residential uses from development impact fees
Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses may continue to use the previous version of the short-form warning on consumer products through the end of 2027.
