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By Jeryl L. OlsonPatrick D. JoyceRebecca A. DavisJose AlmanzarIlana R. MoradyBrent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting  certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California starting

The Department of Energy (DOE) issued a request for information (RFI) from the public on how the Defense Production Act (DPA) could best be used to accelerate domestic manufacturing and deployment of key technologies, strengthen U.S. power grid reliability, and deploy clean energy. This input will help DOE design DPA actions that scale up clean

The Environmental Protection Agency has proposed to list two “forever chemicals”—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). For some this is a hair-on-fire moment, so let’s pause and evaluate what difference that listing would actually make if it became final.

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The Supreme Court heard oral argument today in the Sackett case, in which the Sacketts are hoping that SCOTUS will finally issue a clear decision narrowing the scope of jurisdiction under the Clean Water Act.  I have stayed out of the SCOTUS prediction game because I find such speculation to be a waste of time. 

Dairy Policy: Pennsylvania’s Over-Order Premium Continues But ‘Should be Modified’
On September 21, 2022, the Pennsylvania Milk Marketing Board (PMMB) entered a new 90-day over-order premium (OOP) order (OGO No. A-1014), as opposed to its customary 180-day order.  The order continues Pennsylvania’s OOP at $1.00 cwt for the period October 1, 2022 through

The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and remediated misconduct.” Second, DOJ will not “require the imposition of an independent compliance monitor” if the company has implemented and tested an effective compliance program by the time of