PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2022. We will continue to update these graphics on a quarterly basis. A more up-to-date version of this graphic exists.
The California Prop 65 Acrylamide Saga Continues
Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years in the making, OEHHA issued its final “Exposures to Acrylamide in Cooked or Heat Processed Foods” rule (“Exposures Rule”) aimed at limiting the
Alec Baldwin Manslaughter Charges Spotlight Criminal Liability For Occupational Fatalities
By Adam R. Young, Daniel R. Birnbaum, Mark A. Lies, and James L. Curtis
Seyfarth Synopsis: Recent involuntary manslaughter charges against actor Alec Baldwin serve as a reminder of the state criminal manslaughter liability that may result from industrial accidents. Company management and employees involved in an accident face potential criminal prosecution
Third District Adds Brief CEQA Severance Analysis After Rehearing In Save Our Capitol! Case, Limits Its Relief To Allow Capitol Annex Demolition To Go Forward
In an opinion on rehearing filed January 18, 2023, the Third District Court of Appeal reissued its previous published opinion in the Save Our Capitol! case (my January 2, 2023 post on which can be found here) with the addition of a few pages of discussion addressing “Relief” inserted at the end of the majority opinion just before its “Disposition.”
DOE Issues NOI for Carbon Utilization Procurement Grants
On December 13, 2022, the US Department of Energy (DOE) published a Notice of Intent (NOI) to issue a Funding Opportunity Announcement (FOA) titled, BIL-Carbon Utilization Procurement Grants Under Bipartisan Infrastructure Law Section 40302.
The Carbon Utilization Procurement Grant program provides incentives for the use of products developed from the conversion of carbon oxides emitted from human activity. Carbon capture, storage, and reuse opportunities have traditionally been designed to address a narrow scope of issues and be available exclusively to targeted industries and subsectors. The broad eligibility outlined in this NOI suggests a vast applicability to all industry sectors and segments of the supply chain.
Does Your Lease Need Greenhouse Gas Provisions?
This post, about how to repair the planet through leasing, is intended to set the stage for new ideas
Shale Law Weekly Review—Week of January 23, 2023
Community Impacts: DOE Provides Application Guidance for Community-Oriented Clean Energy Program
On January 18, 2023, The U.S. Department of Energy (2023) provided additional guidance for its Energy Efficiency and Conservation Block Grant (EECBG) Program. The EECBG program will allow state, local, and Tribal governments to apply for $430 million in grant funding to support
Agricultural Law Weekly Review—January 23, 2023
WOTUS: EPA Publishes Final Rule Defining ‘the Waters of the United States’
On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Department of the Army Corps of Engineers published in the Federal Register a final rule revising the definition of “the Waters of the United States” (WOTUS). This rule defines the range
Comments Due Soon on EPA Proposed Rule to Eliminate De Minimis Exemption for PFAS Reporting under the Toxic Release Inventory Program
Comments are due February 3rd on EPA’s proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”) program.
When the 2021 TRI data were published last year, those following the ever evolving world of PFAS were initially
Top 10 LLC Operating Agreement Considerations
An Operating Agreement is an agreement among the members of a limited liability company that defines the LLC’s management structure and governs the operation of the LLC, including the members’ contractual rights, obligations, and restrictions relating to their membership interests in the LLC. An LLC with only one member may use a simple short-form Operating