This update covers information regarding the California Air Resources Board (CARB) rulemaking delay for California’s climate disclosure laws, SB 253 and SB 261, as well as additional new litigation challenging the constitutionality of these laws. The bottom line for companies is that despite the rulemaking delays and ongoing litigation, the laws remain valid and in
Climbing Jacob’s Ladder: Louisiana Supreme Court Cuts Off the Ascent of Apparent Manufacturer Liability
In Louisiana, even a name on the product may no longer help a plaintiff climb to the apparent manufacturer level according to Pellecer v. Werner.
The Louisiana Supreme Court’s October 24, 2025 decision under the Louisiana Products Liability Act (“LPLA”) redefines the doctrine of apparent manufacturer. Traditionally, when a product bears a company’s name —
Court Requires DEC to Promulgate Regulations in NYS Climate Regulation Case
On Oct. 24, 2025, the New York Supreme Court, Albany County, issued a decision and order directing the New York State Department of Environmental Conservation to issue final regulations establishing economy-wide greenhouse gas emission (GHG) limits on or before Feb. 6, 2026.
Maine DEP Issues Initial Currently Unavoidable Use Determinations for PFAS-Containing Products Subject to Impending Sales Prohibition
Updating our earlier post from March 2025, Maine has completed a regulatory process and has adopted updates to its PFAS in products rules to identify two approved Currently Unavoidable Use (CUU) exemptions from the state’s phased ban on in-state sales of products with intentionally added PFAS. The first phase of the ban, which is
Agricultural Law Weekly Review—October 28, 2025
Tues. Oct. 28: AgWorks: Legal Authority to Work in the U.S. and Other Pre-Employment Screening Processes
Fri. Oct. 31: Understanding Immigration Compliance: I-9s, Audits and ICE Raids (FREE Attorney CLE!)
National Agricultural Policy: USDA Announces Plan to ‘Strengthen American Beef Industry’ 
On October 22, 2025, the U.S. Department of Agriculture (USDA) announced a three-pronged plan
High Rise Anxiety: Fourth District Holds San Diego’s Supplemental EIR for Second City Initiative to Update Midway-Pacific Community Plan Violated CEQA By Failing to Adequately Analyze Numerous Potential Impacts of Removing 30-foot Coastal Height Limit
In a published opinion filed October 17, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment and directed it to grant a writ of mandate invalidating the City of San Diego’s (“City”) Supplemental EIR (“SEIR”) prepared for its second City-sponsored ballot measure to exclude the Midway-Pacific Highway Community Planning area
CARB Delays Rulemaking on California Climate Laws
On October 14, 2025, the California Air Resources Board (CARB) quietly announced it was delaying its release of a proposed rulemaking on California’s climate laws.
While the rules were originally mandated by January 1, 2025, a statutory amendment in 2024 pushed that deadline to July 1, 2025. As that date came and went without
California’s Cap-and-Trade Is Extended and Becomes ‘Cap-and-Invest’ in Package of New Energy Laws
At the end of its legislative session, the California legislature passed AB 1207 and SB 840 to extend and introduce new measures for California’s greenhouse gas (GHG) emissions Cap-and-Trade program.
PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation Case
On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigation in abeyance due to the lapse in appropriations as a result of the government shutdown. The order directed the parties to file motions governing further proceedings within ten days after
Shale Law Weekly Review—Week of October 27, 2025
Public Lands: Congressional Review Act Invoked Against BLM Management Plans 
On October 8, 2025, the U.S. Senate approved a resolution under the Congressional Review Act (CRA) aimed at overturning the Bureau of Land Management’s (BLM) resource management plan (RMP) for the Miles City Field Office in Montana. The Senate also voted to approve similar resolutions