Latest Articles

The California Division of Occupational Safety and Health (DOSH) recently held advisory meetings on the Agency’s draft rules for the Marijuana/Cannabis Industry and for the Heat Illness Prevention in Indoor Places of Employment.  It is seeking public comments.…
By Andrew H. Perellis and Ilana R. Morady On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA). The issue before the Court was whether two landowners could bring a civil action under the Administrative Procedure Act (APA) to challenge EPA’s issuance an administrative compliance…
By Ilana R. Morady and Craig B. Simonsen In a recent District Court decision in a toxic torts case, De Zayas v. Bellsouth Telecommunications, Inc., ___ F.Supp.2d ___, 2012 WL 161330 (S.D.Fla., January 18, 2012), the Court, finding no causal connection between the Defendant and the damage claim, granted the Defendant’s motion for summary judgment. This case involved a telephone pole that was installed adjacent to the Plaintiffs’ property for four months in 2009,…
By Ilana R. Morady and Eric E. Boyd The Federal Trade Commission (FTC) recently announced that it has extended the deadline for the public to submit comments on its new Appliance Labeling Rule.  The new regulations, which apply to residential furnaces, central air conditioners, and heat pumps, are mandated by the Energy Policy and Conservation Act (Act).  The Act directs the FTC to determine how energy efficiency information on labels should be communicated to…
By Andrew H. Perellis and Ilana R. Morady On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject to judicial review until and unless EPA brought an enforcement action. Reportedly, Justice Antonin Scalia…
By Ilana Morady A class action lawsuit filed this month in the Central District of California claims that Frito-Lay has engaged in misleading advertising, unfair competition, and breach of express warranty by marketing Tostitos and SunChips as made with “all natural” ingredients. The heart of the lawsuit centers on the claim that the popular snack foods are not made of “all natural” ingredients because the corn and vegetable oils used to make them are made…
By Ilana R. Morady and Craig B. Simonsen The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) empowers the U.S. Environmental Protection Agency (EPA) to issue an order “as may be necessary to protect public health and welfare and the environment.”  A party receiving such an order when not liable under CERCLA for response costs may petition for and obtain reimbursement of costs incurred in complying with the order. The EPA Environmental Appeals Board (EAB)…
By Philip L. Comella and Ilana R. Morady On October 21, 2011, the Basel Convention moved one step further in implementing the international ban on exports of hazardous waste to developing countries. The Convention was established in 1989 to address the transboundary movement of hazardous waste. In 1995, the export ban, known as the Ban Amendment, was proposed in response to criticism that the Convention did not go far enough in addressing the exportation of…
By Ilana R. Morady and Craig B. Simonsen According to the executive summary of the U.S. Environmental Protection Agency’s (EPA) new “Plan EJ 2014,” in January 2010, Administrator Lisa Jackson made “expanding the conversation on environmentalism and working for environmental justice” an Agency priority. The priority was then incorporated into the EPA’s Strategic Plan for 2011-2015. To implement this priority and strategic plan, EPA has published its “Plan EJ 2014” (Plan),…
By Ilana Morady On September 13, 2011, The ChicoBag Company (“ChicoBag”), a reusable bag manufacturer, and Hilex Poly Company (“Hilex Poly”), the nation’s largest one-use plastic bag manufacturer, settled an unfair competition suit brought by Hilex Poly against ChicoBag. Earlier this year, Hilex Poly filed a complaint in U.S. District Court of the District of South Carolina alleging that ChicoBag used false and misleading statements about plastic retail bags on its website and other written…