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OEHHA Proposes Changes to Prop 65 Short Form Warnings

By Emily Lyons

February 25, 2021

Recently, the Office of Environmental Health Hazard Assessment (OEHHA) proposed to amend the Proposition 65 regulations related to short form warnings. Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide “clear and reasonable” warnings before knowingly and intentionally exposing Californians to listed chemicals. These warnings are required to appear on a wide range of products, including foods.…

International Trade Insights

BIS Updates Hong Kong Recordkeeping FAQs Consistent with Removal of Hong Kong from EAR Country Chart

By Tony Busch, Cortney Morgan & Grant Leach

February 24, 2021

The merging of Hong Kong with China with respect to Hong Kong’s treatment under the Export Administration Regulations (“EAR”) is now reflected in the Department of Commerce’s Bureau of Industry and Security’s Hong Kong recordkeeping guidance. On February 19, 2021, BIS updated its Hong Kong recordkeeping FAQs to make that guidance consistent with the final rule BIS issued on December 23, 2020 implementing Executive Order 13936 (the “E.O.”). The E.O. was signed in the wake…

Association Alert

Solar Panels – What Your Association Should Do When Someone Requests to Install Them

By Daniel Miske

February 24, 2021

When faced with a request by a homeowner or condominium owner to install solar panels at your association, your Board needs to determine a number of things: Whether there are restrictive covenants or rules that prevent the installation; What “solar access rights” if any exist under their state’s laws; What if any restrictions the Association wants and can place on the installation, maintenance, repair, replacement and removal of the solar panels; Who is paying for…

Emerging Energy Insights

Mineral Owner vs. Solar Company: New Texas Case Addresses Key Issue

By Brian Pullin

February 23, 2021

A recent Texas case, Lyle v. Midway Solar, S.W. 3d, 2020 WL 7769632 (Tex. App. Ct., El Paso 83rd Dist. 2020), addressed a challenge that many solar developers wrestle with: how to handle minerals owners. The El Paso Court of Appeals clarified this complex issue and demonstrated the importance of properly addressing the minerals on a site prior to developing a project. Key Takeaways for Renewable Energy Developers: This is an important case that renewable…

Toxic Tort Monitor

Increased Risk of Future Harm is Not an Injury: Illinois Supreme Court Dismisses Lead Exposure Class Action Against City of Chicago

By James O'Shea II

February 23, 2021

The Illinois Supreme Court recently held that an increased risk of future harm is not an injury; tossing a class action suit which sought damages related to the City of Chicago’s replacement of water meters and water main pipes. The named Plaintiffs had filed the case on behalf of all Chicago residents who had water mains or meters replaced or installed between January 2008 and January 2017. The suit alleged negligence and inverse condemnation against…

Toxic Tort Monitor

Illinois Venue Statute Not Triggered by Presence of Employee’s Home Office

By Corey Schaecher & Jon Emmanuel

February 22, 2021

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In a fact-intensive decision issued on October 22, 2020, the Illinois Supreme Court determined in Sergiu Tabirta v. James J. Cummings, et al. that the mere presence of an employee’s home office in Cook County was insufficient, by itself, to establish proper venue over his employer in the jurisdiction. Merely having an employee with a home office in the venue was insufficient under the circumstances to constitute “doing business” or maintaining an “other office”…

Labor Relations Law Insider

The Nine Lives of Scabby the Rat

By Terry Potter

February 22, 2021

The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large inflatable rat, and large banners at the site of a neutral secondary employer constitute lawful secondary protest activity or is unlawful picketing or coercive conduct.…

Byte Back

Virginia’s Consumer Data Protection Act Passes Assembly; Moves to Governor

By David Stauss

February 19, 2021

On February 19, 2012, the Virginia House of Delegates voted overwhelmingly to pass the Virginia Consumer Data Protection Act (CDPA). The Senate previously voted in favor of passing the legislation. The General Assembly had been considering the CDPA in a special session after both chambers passed companion bills during the regular session. The Senate and House bills are available here and here, respectively. Prior to passing, the CDPA was amended slightly to create a…

Byte Back

2021 State Privacy Law Tracker Released

By David Stauss

February 18, 2021

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Let’s face it, tracking all of the proposed CCPA-like state privacy legislation has been nearly impossible. At last count, bills have been proposed in sixteen states, including Virginia, New York, Washington, Oklahoma, Arizona, Florida, Utah, Maryland, and Minnesota. That’s why we created our new 2021 State Privacy Law Tracker. The tracker identifies the states that are considering bills and provides their status along with helpful links to the bills and our blog posts analyzing…

Emerging Energy Insights

New and Expanded Clean Energy Tax Incentives on the Horizon

By Robert Romashko & Lynn Ryan

February 17, 2021

On February 5, 2021, House Democrats reintroduced the GREEN Act. The GREEN Act extends federal tax credits for renewable energy and expands them to include new storage technology. Key provisions include: extending the Investment Tax Credit (ITC) for solar energy at 30% through 2025 before phasing down to 26% in 2026, 22% in 2027 and then 10% from there; extending the 30% investment tax credit for offshore wind property through 2026; preserving the wind…

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OEHHA Proposes Changes to Prop 65 Short Form Warnings

BIS Updates Hong Kong Recordkeeping FAQs Consistent with Removal of Hong Kong from EAR Country Chart

Solar Panels – What Your Association Should Do When Someone Requests to Install Them

Mineral Owner vs. Solar Company: New Texas Case Addresses Key Issue

Increased Risk of Future Harm is Not an Injury: Illinois Supreme Court Dismisses Lead Exposure Class Action Against City of Chicago

Illinois Venue Statute Not Triggered by Presence of Employee’s Home Office

The Nine Lives of Scabby the Rat

Virginia’s Consumer Data Protection Act Passes Assembly; Moves to Governor

2021 State Privacy Law Tracker Released

New and Expanded Clean Energy Tax Incentives on the Horizon

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