20 May, 2024 Federal Legislation Passed to Support Airports’ Transition to PFAS-Free Firefighting Foams By Chris Rendall-Jackson Don Sobelman On May 16, 2024, President Biden signed the FAA Reauthorization Act of 2024 (the “Act”), which includes two provisions supporting...
20 May, 2024 The Recent SB 343 Preliminary Findings Report: Recycling the Law of Unintended Consequences in California By Chris Rendall-Jackson Don Sobelman SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or...
16 May, 2024 OEHHA’s proposed NSRL is the latest chapter in Prop 65 regulation of titanium dioxide (airborne, unbound particles of respirable size) By Chris Rendall-Jackson On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium...
10 May, 2024 Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute By Nate Garhart After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The...
09 May, 2024 States Argue Against Federal Privacy Preemption By Nate Garhart Attorneys General from fourteen states—California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota,...
08 May, 2024 “All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024 By Sarah Bell Chris Rendall-Jackson Don Sobelman On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and...
07 May, 2024 The Fine Print Matters: AI Software Agreements Require Careful Scrutiny By Nate Garhart As law firms and other businesses increasingly look to AI-driven software to drive efficiency, the importance of meticulous review of not...
04 May, 2024 No Section 230 Defense Attempt by Trump in Connection With Gag Order Violations? By Nate Garhart It might not have been successful, but query why Trump didn't argue Section 230 shields him from liability for reposts under Section 230?...
02 May, 2024 Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA? By Chris Rendall-Jackson Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous...
30 Apr, 2024 A Mixed Bag: EPA’s PFAS Enforcement Policy Under CERCLA May Protect Some From Liability to EPA, But Potentially Not From Liability To Other Parties By Chris Rendall-Jackson Don Sobelman On April 19, 2024, EPA announced both the designation of two types of PFAS—PFOA and PFOS—as hazardous substances under CERCLA, and an...
25 Apr, 2024 Role of Historic Tax Credits in Financing Real Estate Rehabilitation Projects By Brian Donnelly The federal historic rehabilitation tax credit (HTC) program is an indirect federal subsidy to finance the rehabilitation of historic...
25 Apr, 2024 The Long Reach of CERCLA: Ninth Circuit Clarifies that Prohibition on Double Recovery No Bar to CERCLA Liability and Related Future Response Costs By James Colopy Chris Rendall-Jackson On April 15, 2024, in Santa Clarita Valley Water Agency v. Whittaker Corporation, in an appeal following a jury and bench trial, the...