When plaintiffs sue companies alleging that their websites do not comply with the Americans with Disabilities Act (ADA), courts start by answering two threshold legal questions. Does the ADA apply to websites? And if it does, which websites does it apply to? At least seven federal circuit courts have answered these questions and have reached three different conclusions. Until recently, California courts had provided little guidance. But on September 3, 2019, the Second Appellate District…

Product Liability & Mass Torts Blog

California Court of Appeal Aligns with Ninth Circuit on ADA Website Accessibility Standards

By Jean-Paul Cart

January 21, 2020

Energy & Environmental Law Adviser

Can a Federal Court Obtain Jurisdiction Over an Agency’s Unpublished Informal Decisions?

By Anthony Robert Sarna & J. Michael Showalter

January 15, 2020

Regulated entities may not be able to challenge an agency’s informal decisions if those decisions are unpublished and the entity was not a party to the decision. In a recent D.C. Circuit case, the court dismissed a plaintiff’s petition to review an agency’s informal decision for lack of jurisdiction. The plaintiff’s petition, according to the court, had failed to identify a final agency action, such as a discrete informal adjudication or decision making.…

Product Liability & Mass Torts Blog

Taking the Safety Off: Legislation Would Eliminate Failsafe Against Inaccurate CPSC Disclosures

By Mike Gentine

January 13, 2020

Law book with a gavel - Consumer Protection

As we wrote last year when the U.S. House of Representatives was debating a series of bills on narrow issues related to the U.S. Consumer Product Safety Commission (CPSC), a broader push to reform the agency was likely to come in late 2019 or early 2020. Now, at least one shoe of that overhaul has dropped.…

Energy & Environmental Law Adviser

2020 Renewable Energy Outlook: Strategies to Elicit Community Support

By Alex Garel-Frantzen, Amy Antoniolli & Brett Cooper

January 13, 2020

Even though communities are likely to reap many benefits from proposed renewable energy projects, local opposition can delay – or altogether thwart – the progress of renewable energy projects. Most renewable energy projects require some level of zoning or permit approvals to proceed, and garnering support is proving to be especially difficult. This final post of our three-part series on the 2020 renewable energy outlook (read the first post here and the second post here…

Product Liability & Mass Torts Blog

Going Old School: CPSC Issues Rare Safety Warning on Dressers

By Mike Gentine

January 9, 2020

In an uncommon move, the U.S. Consumer Product Safety Commission (CPSC) on Wednesday issued a unilateral press release warning consumers of the need to anchor a particular brand and model of dressers. In its release, the CPSC wrote that it “intends to continue pressing the case for a recall with” the manufacturer.…

Energy & Environmental Law Adviser

Advocacy Groups Have a New Opening to Enforce the CWA When States Do Not Act

By Steve Wazny & Robert A.H. Middleton

January 8, 2020

A district court judge adopted the rarely applied “constructive submission” doctrine, which could ultimately give advocacy groups leverage over states that ignore Clean Water Act (CWA) requirements. This decision may embolden advocacy groups and comes at a time when, as noted in previous posts on this blog, enforcement actions brought by public citizens continue to grow as an effective means of enforcing environmental laws and regulations.…

Product Liability & Mass Torts Blog

You Can’t Make Me Say It: Does Becerra Make it Harder for the Government to Require Product Health Warnings?

By Trevor M. Jorgensen & Jill Berry

January 7, 2020

Stethoscope and laptop keyboard on desktop in hospital,relax time doctor,medical concept,selective focus,vintage color.morning light,banner

A U.S. Supreme Court ruling from last summer may have changed the trajectory of a high-profile pending commercial speech case. In National Institute of Family and Life Advocates v. Becerra, the Court modified the traditional commercial speech tests, perhaps placing a greater burden on the government when it seeks to regulate commercial speech. Becerra could influence the D.C. Circuit Court’s decision in Cigar Association of America v. U.S. Food and Drug Administration as to whether…

Energy & Environmental Law Adviser

2020 Renewable Energy Outlook: Redevelopment Opportunities and State and Local Tax Incentives in Lieu of Waning Federal Incentives

By Alex Garel-Frantzen, Amy Antoniolli & Brett Cooper

January 6, 2020

As federal tax incentives for wind and solar energy projects set to expire this year, project costs will increase, which is sure to impact the renewable energy market in 2020. Without these added financial benefits, strategic utility developers will need to pursue cost-effective development options and other available tax incentives to continue making the most of renewable project investments. As one of several trends we recently introduced as part of our 2020 renewable energy outlook …

Energy & Environmental Law Adviser

Illinois EPA Proposes PFAS Groundwater Standards

By Bina Joshi

January 3, 2020

A scene on the Chesapeake Bay depicting nature and the landscape on the shore of the Chesapeake Bay in Maryland, USA.

Perfluoroalkyl substances (PFAS) — long used in consumer and industrial products — have recently been in the news and the subject of increased regulatory attention, resulting in proposed and implemented regulation on both the state and federal level. PFAS have been used in a variety of products including, fabric protectants, nonstick coatings on cookware, and fire-fighting foams.…

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California Court of Appeal Aligns with Ninth Circuit on ADA Website Accessibility Standards

California Court of Appeal Aligns with Ninth Circuit on ADA Website Accessibility Standards

Can a Federal Court Obtain Jurisdiction Over an Agency’s Unpublished Informal Decisions?

Taking the Safety Off: Legislation Would Eliminate Failsafe Against Inaccurate CPSC Disclosures

2020 Renewable Energy Outlook: Strategies to Elicit Community Support

Going Old School: CPSC Issues Rare Safety Warning on Dressers

Advocacy Groups Have a New Opening to Enforce the CWA When States Do Not Act

You Can’t Make Me Say It: Does Becerra Make it Harder for the Government to Require Product Health Warnings?

2020 Renewable Energy Outlook: Redevelopment Opportunities and State and Local Tax Incentives in Lieu of Waning Federal Incentives

Illinois EPA Proposes PFAS Groundwater Standards

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