A new bill in the California Assembly has the potential to alter substantially the existing legal framework of products liability for online retailers. Assembly Bill No. 1182 (“AB 1182”), which was introduced on February 18, 2021, would impose strict products liability on online retailers who (1) communicate offers of sale and (2) facilitate payment between a third-party seller and a purchaser, even if the online retailer never takes physical possession of the product ...
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...
As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018. Your business may be affected by the changes if your business conducts any consumer product-related business in California ...
1. Introduction After a long consultation period, the European Commission recently published the new Block Exemption Regulation for Vertical Agreements (Regulation (EU) 2022/720 "VBER"). The regulation will enter into force on 1 June 2022. New Guidelines on vertical restraints ("Guidelines") will accompany the new VBER. Both replace the previous set of rules from 2010 ...
The Construction (Design and Management) Regulations (Northern Ireland) 2016 ("CDM 2016") come into force on 1 August 2016. The legislation includes transitional provisions, so that, where a project has already started by 1 August 2016, the Client must appoint a Principal Designer before 1 August 2017 (unless the project ends before that date). In the meantime, the existing CDM Co-ordinator must comply with the duties of a Principal Designer ...
On April 10, 2020, the U.S. EPA published an interim memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19,” available here, intended as guidance to EPA's regional field offices amid growing concerns regarding the impact of COVID-19 on-site cleanup activities. Specifically, the memorandum provides guidance regarding decisions to continue, reduce, or halt on site cleanup activities amid the challenges posed by the COVID-19 outbreak ...
On December 5, 2012, EPA issued revised enforcement guidance to assist agency personnel in exercising enforcement discretion regarding the treatment of tenants under Superfund’s bona fide prospective purchaser (BFPP) defense. (See here.) The revised guidance supersedes guidance the agency had issued on January 14, 2009 and expands some of the protections ...
In order to comply with a court-ordered schedule, EPA Administrator Lisa Jackson on July 28 signed a 604-page package that proposes to subject additional oil and gas operations to regulation under the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPS) programs and to impose new and amended requirements under both programs. This proposed rulemaking has significant ramifications for the oil and gas industry ...
The ESG Disclosure Rules have been introduced in response to the increased investor appetite for socially and environmentally responsible investments and to ensure that Jersey maintains its high regulatory standards amid global concerns regarding ‘greenwashing’ (firms marketing investments which appear more environmentally and socially focussed than they are in reality) ...
Companies, municipalities, and water systems must now report their per- and polyfluoroalkyl substances (PFAS) use to the federal government. A new federal law requires facilities using 100 pounds per year of a listed PFAS compound to self-report to the national Toxics Release Inventory (TRI). Monitoring and reporting requirements are often prerequisites to cleanup and enforcement, and this collection of data may be a bellwether for the future regulation of PFAS ...
In August 2022, the House of Representatives’ Committee on Ways and Means approved a bill proposing a new fiscal regime for the Philippine mining industry, following the previous proposal of the Department of Finance (DOF)and which will cover existing and prospective large-scale metallic mine, regardless of location ...
Introduction Last week, the federal government took a big step toward bringing the Fisheries Act (Canada) and its application into line with the federal government’s responsible resource development plan ...
The Government issued new regulations setting the guidelines and adopting the biosecurity protocol for the operation of the manufacturing industry The Ministry of Work issued Resolution 675 adopting the biosecurity protocol for the management and control of COVID-19 risk in the manufacturing industry. This protocol is complementary to the protocol adopted through Resolution 666 of 2020 and to other measures adopted in each factory ...
On certified questions from the United States District Court for the District of New Hampshire, the New Hampshire Supreme Court has decided that New Hampshire will allocate liability for long-tail environmental claims pro rata by years and limits among triggered policies. See EnergyNorth Natural Gas, Inc. v. Certain Underwriters at Lloyd’s, No. 2006-745 (N.H. Oct. 18, 2007). BackgroundEnergyNorth Natural Gas, Inc ...
Franchising has become one of the most prominent business models in recent years, particularly in sectors such as food & beverage (F&B), education, fashion and modern lifestyle. The Indonesian franchise regime began in 1997, but has changed several times since then, the latest being under Minister of Trade Regulation No. 53/M-DAG/PER/8/2012 on the Implementation of Franchises as amended by Minister of Trade Regulation No. 57/M-DAG/PER/9/2014 (“Regulation 53”) ...
By means of Resolution No. 375 , dated May 3, 2021, the Ministry of the Environment has instructed a new information request for producers of priority products, in the context of Law No. 20,920 on Waste Management, Extended Producer Responsibility and Recycling Promotion ( "EPR Law") ...
On Wednesday, March 10, 2021, Supreme Decree N° 007-2021-VIVIENDA was published in the Official Gazette “El Peruano”, which established a three-month deadline for the submission of Cofinanced Private Initiatives (“IPC”) on investment projects for sanitation services ...
On June 25th, 2016, Law No. 20,930 that establishes the environmental conservation right was published in the Official Gazzette. The purpose of this law is to create a mechanism to simplify and promote the participation of private parties in the conservation of the environment, as a complement to the work done by the State in these matters. This right has its origin in Comparative Law ...
A summary of the new provisions implemented by the law no. 3851/2010- amending the provisions of former legislation no. 3468/2006- regarding the development of the procedures for the renewable energy sources in Greece ...
On August 18 th , 2021, Law No. 21,362 (the “ Law ”) was published in the Official Gazette. The Law introduces several modifications to different other laws in connection with the labeling, advertisement, and sales of gluten free foodstuff products. Firstly, the Law modifies Law No. 20,606, commonly known as Labeling Law ...
Today, Wednesday, June 1st, the Framework Law for the Management of Waste, Extended Liability of the Producer and Promotion of Recycling No. 20,920 (the “Law”) was published.PurposeThe Law seeks to reduce the generation of waste and encourage its reuse, recycling and other types of recovery ...
Today, Wednesday, June 1st, the Framework Law for the Management of Waste, Extended Liability of the Producer and Promotion of Recycling No. 20,920 (the “Law”) was published.PurposeThe Law seeks to reduce the generation of waste and encourage its reuse, recycling and other types of recovery ...
In its bill, Extended Environmental Crime Provisions, from earlier this year, the government has proposed extending the scope of offences for environmental crime committed in conjunction with waste management. The proposal means that all waste management that can cause significant pollution, which is harmful to human health, animals or plants or that can cause other significant environmental nuisance is to be punishable. The penalty for the crime is a fine or imprisonment for up to two years ...
Water and wastewater agencies gained an important new protection from lawsuits challenging their rates on Wednesday, when Governor Newsom signed SB 323 (Caballero). For water or sewer service fees or charges adopted after January 1, 2022, this new law requires any lawsuits challenging those fees or charges to be commenced within 120 days of the effective date ...
On April 29, 2008, the Minister of Sustainable Development, Environment and Parks, Line Beauchamp, announced the adoption of new measures to improve water quality and reduce greenhouse gas emissions. An amount of $16.4 million has been allocated to enable agricultural operations to intensify their actions favouring the preservation and improvement of water quality ...
