Yesterday the California Attorney General’s office sent a letter to the Proposition 65 plaintiffs’ bar regarding the use of releases in Proposition 65 cases. The AG’s letter noted that it is concerned about releases in Prop 65 cases that have been given “in the public interest.” The letter noted that these releases are typically problematic when they attempt
Prop 65 Update- Lead in Brass Door Handles
Last month, I blogged about lead in brass handrails as a potential new Prop 65 trend. The same plaintiff who issued the Proposition 65 notices concerning brass in handrails at amusement parks (the Mateel Environmental Justice Foundation) has just issued another similar notice. This time, the notice alleges that a large restaurant chain exposed California consumers
Are Personal Care Products in for a New Round of California Proposition 65 and UCL Actions Alleging Exposure to Formaldehyde and 1,4-Dioxane?
Earlier this month, a consumer watchdog group published a document arguing that certain bath products continue to contain a preservative that includes formaldehyde and possibly 1,4-Dioxane. This same organization filed a report in 2009, which resulted in lawsuits under California’s unfair competition law (“UCL”; § 17200 of the California Business and Professions Code) and Proposition
Alleged Lead in Brass Hand Rails: Emerging Prop 65 Trend?
Several experienced Proposition 65 plaintiffs filed a high-profile Proposition 65 lawsuit in October regarding alleged lead at Disneyland and Disney’s California Adventure. The lawsuit alleged that various locations in Disneyland and California Adventure contain leaded brass, including hand rails, chains and line dividers, and various items that children are encouraged to play with (such as
DOGGR Supervisor, Elena Miller, Has Been Removed
After intense lobbying from Central Valley legislators and the oil and gas exploration and production industry, on November 3, 2011, Governor Jerry Brown removed Elena Miller as Supervisor of the Division of Oil, Gas, and Geothermal Resources (DOGGR) within the Department of Conservation. Appointed in 2009, Miller’s tenure as the DOGGR Supervisor has been plagued
New CA Law Impacts Companies That Had Entered Into the Lead-in-Jewelry Consent Judgment
Governor Brown signed into law new legislation (SB 646-Pauley) that ends what has been described as a dual track system for enforcing California’s Lead Containing Jewelry Law (Health and Safety Codes Section 25214.1-25214.4.2). The law, which regulates the levels of lead in jewelry, also contained an exemption for retailers that had joined a
Prop 65: Cadmium Opt-In Deadline is October 21
A group of jewelry retailers, manufacturers and suppliers entered into a Proposition 65 settlement agreement with Center for Environmental Health (CEH) several months ago concerning cadmium in jewelry. The settlement was formalized in a consent judgment approved by Alameda Superior Court in CEH v. Aeropostale, Inc.
As in other Prop 65 consent judgments, this
Governor Brown Signs Two More Bills to Streamline Renewable Energy Development in California: SB 267 and SB 618
California has two more laws in place to help facilitate development of renewable energy projects after Governor Brown signed Senate Bill 267 and Senate Bill 618 over the weekend.
SB 267 modifies the existing requirements to prepare a water supply assessment for projects that meet certain size thresholds. Under the new law, a photovoltaic or
Proposed California Legislation To Regulate Hydraulic Fracturing Stalls In State Senate With A New Hydraulic Fracturing Bill Poised for Introduction In 2012
Falling victim to a Legislature pre-occupied with massive budget deficit issues and last minute wrangling over the Governor’s corporate tax package on out-of-state companies, AB 591, California’s legislative foray into the charged arena of hydraulic fracturing regulation, stalled in the State Senate’s Appropriations Committee. In its current form, the bill embodied a fairly comprehensive
Attorney Mike Mills to Speak on Property Tax Issues at CalCIMA Education Conference
Together with Peter Finie of Vulcan Materials Company, I will be making a very informative presentation on California property taxes at the upcoming California Construction and Industrial Materials Association’s (CalCIMA) 2011 Education Conference in Monterey. Our presentation, “Are Your Taxes Too High?,” will examine a number of property tax issues from an operator’s perspective