In a March 27, 2023 post found here, we wrote about the Second District Court of Appeal’s (Div. 1) decision concerning the Water Code section 13389 CEQA exemption for Regional Water Quality Control Board (“RWQCB”) issuance of waste discharge permits, formerly published as Los Angeles Waterkeeper v. State Water Resources Control Board (2023) 88
Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark Infringement Case Over Dog Toys
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, 599 U.S. ___ (2023). The case arose from Jack Daniel’s complaint about VIP’s sale of a dog
Department of Energy Establishes Clean Hydrogen Roadmap
On June 5, 2023, the US Department of Energy (DOE) published its US National Clean Hydrogen Strategy and Roadmap. This report addresses the Infrastructure Investment and Jobs Act (IIJA) requirement that the DOE “develop a technologically and economically feasible national strategy and roadmap to facilitate widespread production, processing, delivery, storage, and use of clean
See Through the Haze: NIOSH Guidance on Outdoor Workers Exposed to Wildfire Smoke
By Benjamin D. Briggs, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect employees.
Canadian forests continue to burn, with about 3.8
US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act
On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to
BAAQMD Adopts Ambitious Revised 2022 CEQA Guidelines
In late April the Bay Area Air Quality Management District (“BAAQMD”) promulgated its revised 2022 CEQA Guidelines (“2022 Guidelines”), available here. Previously BAAQMD had published guidelines in 2012, which were the subject of litigation culminating in the California Supreme Court’s decision in California Building Industry Assn. v. Bay Area Air Quality Management Dist. (2015) 62
Greenwashing: UK advertising watchdog bans greenwashing advertisements
On 7 June 2023, the UK Advertising Standards Authority (“ASA”) – the UK’s independent advertising regulator – banned a series of advertisements from a number of large oil and gas companies for including misleading information about their socio-environmental credentials. These landmark rulings, which mark the latest step in the ASA’s fight against greenwashing, are expected
Everything Is Connected — For Better or For Worse
Greenwire (subscription required) reported yesterday that more than 150 wildfires in Quebec have blanketed large swaths of the United States with unhealthy levels of particulate matter. Indeed, as of 9:00 AM on Thursday, June 8, New York City has the worst air quality of any metropolitan area in the world. Some businesses are advising workers
New Orleans City Planning Commission to Study and Make Recommendations Regarding Changes to Commercial Short-Term Rental Regulations
With the revamp of the residential short-term rental regulations passed recently, the New Orleans City Council has turned its attention to commercial short-term rental (“CSTR”) regulations. The City Council has asked the City Planning Commission (“CPC”) to study the regulations to determine the overall impact of CSTRs on the City’s neighborhoods. In particular, the CPC
Minnesota Becomes Second State To Pass Sweeping PFAS Ban and Reporting Law Targeting All Products
In May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances (PFAS) in 2025 and then all products in 2032, and also establishes reporting requirements for products containing PFAS starting in 2026. Minnesota has become the second state in the country