California Leading the Charge In Renewable Energy

Recently, the Assembly of the State of California approved the 100 Percent Clean Energy Act of 2018 or “SB100” which will require all energy used in the state to come from renewable sources by December 31, 2045. The bill, authored by State Senator Kevin de León, passed the California Senate last year, the Assembly on August 28, 2018, and was reconciled by the Senate on August 29, 2018. All that remains before the bill becomes law, is Governor Jerry Brown’s
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Glyphosate and Non-Hodgkin’s Lymphoma Claims: Different Results In Different Courtrooms Based On The Same Science

We recently reported on a $289 million verdict for plaintiff Dewayne Johnson against Monsanto Company in the state Superior Court of California, an astounding verdict by the jury who found that Mr. Johnson’s use of glyphosate-containing herbicides caused him to develop a type of cancer known as non-Hodgkin’s lymphoma. Monsanto will be appealing the verdict on the grounds that the science does not show that glyphosate causes cancer. While the court in Johnson admitted scientific evidence by plaintiffs that glyphosate causes
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$289 Million Verdict for Plaintiff In Roundup Litigation

Well, it finally happened: in the first glyphosate exposure case to go to a jury trial, a San Francisco, California jury awarded a former school groundskeeper $289 million dollars. Back in June, we reported that DeWayne “Lee” Johnson, a groundskeeper for the school district in Benicia, California, had filed suit alleging that workplace exposure to glyphosate-containing products Roundup and Ranger Pro had led him to develop lymphoma. His case went to trial in late June, and last Friday, the jury
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Ninth Circuit Bans Use of Pesticide Chlorpyrifos in Agriculture

On August 9, 2018, the Ninth Circuit ordered that the EPA ban a widely used pesticide called chlorpyrifos within 60 days. The court found that EPA had failed to determine that chlorpyrifos was safe.  The decision marked the end – albeit perhaps only temporarily – to a decade-long battle between the pesticide and agriculture industry on one side and environmental and public health groups on the other. By way of background, EPA, under the Federal Food, Drug, and Cosmetic Act
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Battles over Lead Paint Rage On in California

Three paint manufacturers who have been in a tug-of-war with several California counties regarding potential liability for lead paint resorted to a state balloting process to shift the potential exposure. The battle started to intensify earlier this year when the California Supreme Court declined to review a 2014 state appeals court ruling that held manufacturers Sherwin-Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. liable for $1.15 billion dollars in costs associated with remediation of lead paint in housing
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The Roundup Windup

Widespread personal injury litigation based on exposure to Roundup, the widely-used pesticide produced by the Monsanto Company, is no longer a plaintiffs’ bar pipe-dream — it is close to becoming a reality. Hundreds of cases have been filed, mostly in St. Louis and San Francisco, and the first trial of such a matter will commence this week in California state court. As we have reported previously, there has been broad and long-running controversy over whether glyphosate, the active ingredient in
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400 Months and Counting – Warm Temperatures Continue!

Despite the miserable cold and wet April weather experienced by most of the eastern half of North America, April 2018 turned out to be the third warmest April on record, continuing a streak of 400 continuous months (33 years) where the monthly average temperature was above the 20th century average. Only April 2016 and April 2017 were warmer. Nine of the 10 warmest Aprils have occurred since 2005. Especially notable was the possibility that the city of Nawabshah, located in
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How Clean is Clean? Environmental Issues Hamper CA Wildfire Recovery

Late last year, we reported on the looming environmental threat of the 2017 California wildfires. The threat has become reality with respect to two contaminants in particular: benzene and arsenic. As reconstruction moves forward in Northern California this year, real human health hazards created by the devastating fires are now present. Municipal officials in Fountaingrove, California have found elevated benzene readings in hundreds of samples of drinking water over the last several months, and the city is evaluating the necessity of
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Rounded Down: An Update on California Glyphosate Litigation

Last November, we brought your attention to litigation in federal court in California regarding the listing of glyphosate as a substance “known to the state to cause cancer.” Since then, there have been developments in both the originally reported federal court case and a state court case on the same subject. First, a refresher: glyphosate is a common pesticide sprayed on more than 200 types of crops across four million acres in California. Monsanto Company, the principal plaintiff in both
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The Coming Battle Between California and EPA Over Vehicle Fuel Standards — The Implications for CO2 Emissions and Climate Change

Two weeks ago, we reported on potential moves by the EPA to weaken fuel economy standards, and in doing so, picking a fight with California and the state’s ability to set its own emission rules through its waiver under the Clean Air Act. Those threatened moves are now reality, as the EPA announced on Monday that current fuel economy standards will be revised. But underlying the moves to roll back fuel economy standards is the ongoing war between the Trump
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