Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022.

By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen

Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022. On April 20, 2023, Latham lawyers held a webcast highlighting important cases from the past year, summarizing practical takeaways, and covering trends in CEQA. (See the webcast and the corresponding 2022 CEQA Year in Review presentation.) Below is a compilation of the information from that annual review and patterns that emerged.

A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA) and released earlier this month, the Draft PFAS Prevention Model Act (Draft Model) offers a…

Note: This is a graphical representation of an Interstate Technology Regulatory Council (“ITRC”) Guidance Document as of March 2023.These values are changing rapidly. The ITRC intends to update this Guidance Document periodically as new information is gathered.

Source: Interstate Technology Regulatory Council (“ITRC”) PFAS Fact Sheets updated as of March 2023

A recent Kelley Drye client advisory summarizes important new draft model state legislation that embodies an expansive approach to the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products. Crafted by the Northeast Waste Management Officials’ Association, Inc. (NEWMOA) and released earlier this month, the Draft PFAS Prevention Model Act (Draft Model) offers a…

LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space.

By Sophie J. Lamb KC and Aleksandra Dulska

Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of greenwashing and how English law continues to evolve and adapt in order to meet the needs of international businesses and other stakeholders engaging with this issue. The event provided a platform to explore:

(1) The key drivers of greenwashing complaints

(2) The challenges organisations face when trying to define and explain their sustainability plans (including against the backdrop of rapidly evolving reporting guidelines)

(3) The associated litigation trends as observed globally

The panel included the Honourable Mrs Justice Cockerill DBE (Commercial Court Judge, High Court), Sophie J. Lamb KC (Partner, Latham & Watkins), Adam Heppinstall KC (Barrister, Henderson Chambers), and Meghan Sheehan (Director and Head of ESG and Sustainability, Kekst CNC).

This blog post summarises the key themes of discussion that took place and provides interesting insights as to what may lie ahead.

On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, which held the University’s long-range campus development plan (LRDP) EIR inadequate, throwing a monkey wrench into its efforts to redevelop and build much-needed student and homeless housing at the historic People’s Park site. (My March 3, 2023 post on the Court of Appeal’s decision can be found here.)

In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP (strategic litigation against public participation) law on the grounds that the real party’s actions were not the basis for the petitioner’s complaint. Although the First District reversed the trial court’s decision, the Court found that the real party in interest’s special motion was not frivolous and denied petitioner’s request for sanctions.

When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith…