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West Coast Environmental Resource Center

CA Updates

May 21, 2026

California DPR Proposes Rule to Regulate Pesticide-Treated Seeds; Comments Due June 29, 2026

On May 15, 2026, the California Department of Pesticide Regulation formally released a proposed regulation that would, for the first time, expressly define pesticide-treated seeds under California law, specify when pesticide-treated seeds are exempt from California pesticide registration requirements, and require monthly reporting of pesticide-treated seed planted in California.

For the full article, see here. – Related B&D Attorneys: Alan Sachs, Kathy Szmuszkovicz, Ragini Gupta

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May 6, 2026

State Carbon Markets: Development and Uncertainty

As the federal government steps back from climate regulation, multiple states are expanding cap-and-trade or cap-and-invest programs to regulate greenhouse gas (GHG) emissions and tighten emissions caps. Market participants should focus on pending program updates and legislation.

For the full article, see here. – Related B&D Attorneys: Brook Detterman, Eric Christensen, Justin Smith, Jason Frank, Lauren Lankenau

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April 17, 2026

California’s Packaging EPR Deadlines Are Approaching: What Producers Need to Know About Source Reduction Reporting

Despite delayed implementing regulations, Circular Action Alliance (CAA), the producer responsibility organization (PRO) responsible for administering California’s packaging extended producer responsibility (EPR) program under SB 54, has set compliance deadlines for SB 54’s source reduction reporting requirements. In addition to annual supply reporting, producers must also comply with three separate source reduction reporting obligations, including the requirement to submit individual source reduction plans, which CAA has stated will be due no later than August 1, 2026, with the most up-to-date information on the corresponding deadlines described in detail below.

For the full article, see here. – Related B&D Attorneys: Allyn Stern, Kirstin Gruver, Nikki Waxman, Alex Daniel

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April 9, 2026

EPA Seeks Input on Clean Water Act Financial Capability Framework

The U.S. Environmental Protection Agency (EPA) is soliciting public comments on its Financial Capability Assessment (FCA) guidance document, a key methodological tool used to negotiate compliance timetables for stormwater and wastewater managers facing Clean Water Act (CWA) enforcement actions.

For the full article, see here. – Related B&D Attorneys: Erika Spanton, Patrick Redmond, Alexander Daniel, Jeremy Faulkner, E. Peter Selimos, Alejandro Covarrubias Chadwick

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March 17, 2026

Textile EPR Update: California Selects Landbell USA as PRO as U.S. and Global Requirements Expand

Textile extended producer responsibility requirements continue to evolve in the U.S. and abroad, with California now taking a major step and other jurisdictions advancing similar frameworks. Most notably, on February 27, 2026, the California Department of Resources Recycling and Recovery selected Landbell USA as the Producer Responsibility Organization for California’s textile EPR program under the Responsible Textile Recovery Act, triggering key next steps for regulated producers. 

For the full article, see here. – Related B&D Attorneys: Allyn Stern, Deepti Gage, Lauren Lankenau, Valentina Sepulveda

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February 20, 2026

California’s DPR Issues Guidance on Changes to Pesticide Registration Notifications and Non-Notifications

On February 12, 2026, the California Department of Pesticide Regulation (DPR) issued Notice 2026-02 to clarify the label and formulation changes that DPR may accept by notification, non-notification, or amendment for all pesticide products. This notice supersedes DPR’s longstanding Notice 2002-1, effective immediately.

For the full article, see here. – Related B&D Attorneys: Alan Sachs, Ragini Gupta, Alison Walsh

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January 29, 2026

Environmental Developments to Watch in California in 2026

B&D closely tracks developments, upcoming deadlines, and business implications for companies with operations in California. In this article, we summarize key areas of activity and what companies should expect in the year ahead.

For the full article, see here. – Related B&D Attorneys: Mark Duvall, Dan Eisenberg, Morgan Gilhuly, Brian Haughton, Hilary Jacobs, Jayni Lanham, Dave Metres, Parker Moore, Patrick Redmond, Drew Silton, Susan Smith, Allyn Stern, Kathy Szmuszkovicz, Gary Smith, Nicole Bayne, Chris Bolte, Jeremy Faulkner, Ragini Gupta, Sharon Mathew, Lauren Murvihill, Megan Unger, Griffin Williams, Alejandro Covarrubias Chadwick, Valentina Sepulveda, Gaby Espir

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January 29, 2026

CEQA Reforms: 2025 Enactments and 2026 Proposals

Since Governor Newsom signed Senate Bill 131 (SB 131) and Assembly Bill 130 (AB 130) into law on June 30, 2025, California’s legislature has continued to push additional California Environmental Quality Act (CEQA) reforms designed to streamline environmental review for projects tied to housing and climate resilience. Beveridge & Diamond’s July 3, 2025 article, "California Passes Major CEQA Reforms: Key Takeaways for the Regulated Community," provided an early analysis of the key impacts of SB 131 and AB 130. This article examines two additional CEQA reforms passed later in 2025 – as well as two proposals on tap for 2026 – that developers and other interested parties should be aware of.

For the full article, see here. – Related B&D Attorneys: Brian Haughton, Megan Unger, Griffin Williams, Valentina Sepulveda

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January 15, 2026

Packaging EPR Updates: California Withdraws SB 54 Draft Regulations and Oregon Enforcement and Rulemaking Updates

California’s CalRecycle withdrew its proposed SB 54 Extended Producer Responsibility (EPR) regulations on January 9, 2026 to make targeted revisions—particularly around food and agricultural packaging—and plans to issue revised text for a new 15-day public comment period. In Oregon, DEQ has launched a third rulemaking on EPR definitions and exemptions, and unresolved producer delinquencies are being referred for enforcement, which could include penalties but with an emphasis on compliance for the 2025 reporting year.

For the full article, see here. – Related B&D Attorneys: Allyn Stern, Kirstin Gruver, Nikki Waxman, Sharon Mathew, Emily Schwartz

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January 12, 2026

U.S. Seeks to Invalidate California Cities' Natural Gas Bans in New Buildings

On January 5, 2026, the Trump administration filed suit in the U.S. District Court for the Northern District of California against two California cities, Morgan Hill and Petaluma, seeking to invalidate local ordinances requiring new buildings to be "all-electric." The U.S. Department of Justice complaint alleges the ordinances "as a practical matter . . . function to ban all use of gas appliances" in new buildings and are preempted by the federal Energy Policy and Conservation Act.

For the full article, see here. – Related B&D Attorneys: Dan Eisenberg, Paul Hagen, Tim Pohle, Justin Smith

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December 16, 2025

CARB Publishes Proposed Regulations Implementing California’s Climate Disclosure Laws

On December 9, the California Air Resources Board (CARB) released long-awaited draft proposed implementing regulations for the Climate Corporate Data Accountability Act (SB 253) and California’s Climate‐Related Financial Risk Act (SB 261). The proposed regulations cover applicability criteria and exemptions; definitions, calculation, payment, and enforcement of fees; and the reporting deadline for SB 253 (August 10, 2026).

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Claire Schachter, Kirstin Gruver

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December 12, 2025

2025 Update on California DPR’s Regulation of Treated Seed, and What’s Coming in 2026

Earlier this year, the California Department of Pesticide Regulation (DPR) released draft text in advance of formally proposing regulations that would, for the first time: (1) expressly exempt pesticide-treated seed from DPR registration requirements when certain criteria are met and (2) require California property operators and pest control businesses to report monthly use of treated seed.

For the full article, see here. – Related B&D Attorneys: Alan Sachs, Ragini Gupta

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December 4, 2025

Food Litigation Watch: State Ingredient Warnings, Color-Additive Bans, and “Ultra-Processed” Claims

Food companies face a rapidly shifting litigation landscape on three fronts: (1) state laws requiring on-package warnings for certain food ingredients, (2) state bans targeting specific U.S. Food and Drug Administration (FDA)-listed color additives, and (3) emerging consumer and municipal lawsuits alleging harms from “ultra-processed” foods. Recent developments offer early signals of how courts may treat compelled warnings, preemption, constitutional claims, and pleading standards in the months ahead.

For the full article, see here. – Related B&D Attorneys: Mark Duvall, Alan Sachs, Jack Zietman, Emily Schwartz

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December 1, 2025

California DPR Announces Planned Changes to Pesticide Enforcement Response Regulations

On November 13, 2025, the California Department of Pesticide Regulation (DPR) held a webinar explaining planned changes to DPR’s Enforcement Response Regulations at 3 CCR §§ 6128 and 6130. DPR is currently accepting public comments on these initial concepts through December 13, 2025.

For the full article, see here. – Related B&D Attorneys: Alan Sachs, Ragini Gupta, Georgia Spies

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November 25, 2025

California DPR Announces First Meeting of New Environmental Justice Advisory Committee

The California Department of Pesticide Regulation (DPR) announced that it will host the first public meeting of its newly formed Environmental Justice Advisory Committee (EJAC) on December 10, 2025. Established by Assembly Bill 652 in 2023, the EJAC will advise DPR on environmental justice (EJ) concerns in communities with the highest exposure to pesticides. Pesticide industry stakeholders should consider monitoring DPR’s EJ-related developments and comments submitted through EJAC’s public processes.

For the full article, see here. – Related B&D Attorneys: Hilary Jacobs, Alan Sachs, Ragini Gupta

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October 23, 2025

California Seeks Greenhouse Gas Reductions Through Substantial Revision to Landfill Methane Regulation

To assist in meeting the state’s target of reducing methane emissions by 40% by 2030, the California Air Resources Board (CARB) recently proposed significant amendments to its Landfill Methane Regulation (LMR), with far-reaching impacts on California’s landfill and gas recovery industries. Among other changes, these amendments would require extensive new leak-monitoring and repair protocols, tighten regulatory timelines for installing gas collection and control systems (GCCS), and mandate more frequent and extensive monitoring and analysis of cover integrity, temperature, oxygen, and liquid levels.

For the full article, see here. – Related B&D Attorneys: Morgan Gilhuly, Jessalee Landfried, Megan Morgan, Daniel Schulson, Will Palmer

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Updated September 25, 2025

CARB Publishes Draft Guidance for Initial Reports Under California’s Climate‐Related Financial Risk Act (S.B. 261)

On September 24, 2025, the California Air Resources Board (CARB) published a “preliminary list” of reporting/covered entities under S.B. 253 and S.B. 261 based on the statutory requirements of being US-based, meeting the annual revenue threshold of $500 million or more, and doing business in California.

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Claire Schachter, Kirstin Gruver

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September 19, 2025

California Extends Cap-and-Trade Program Through 2045

In an 11th-hour legislative push, California lawmakers passed AB 1207 and SB 840 over the weekend of September 13, extending the state’s greenhouse gas reduction program through 2045 and rebranding it as “Cap-and-Invest” to underscore its role in funding climate initiatives. The program, originally set to expire in 2030, imposes a declining cap on emissions across major sectors and requires regulated entities to reduce emissions or purchase emissions allowances.

For the full article, see here. – Related B&D Attorneys: Brook Detterman, Morgan Gilhuly, Ryan Andrée, Deepti Gage, Ragini Gupta

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September 11, 2025

CARB Publishes Draft Guidance for Initial Reports Under California’s Climate‐Related Financial Risk Act (S.B. 261)

On September 2, the California Air Resources Board (CARB) published its long-awaited draft guidance on compliance with California’s Climate‐Related Financial Risk Act (S.B. 261) (codified in Health & Safety Code Section 38533). Companies subject to S.B. 261 must publish their initial climate-related financial risk report on their website by January 1, 2026, and post the location of the link to the report on CARB’s public docket.

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Claire Schachter, Kirstin Gruver

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August 19, 2025

California Wins Key Victory in Ongoing Challenge to Its Climate Disclosure Laws

On August 13, 2025, the U.S. District Court for the Central District of California (the District Court) denied the motion for a preliminary injunction filed by the United States Chamber of Commerce (USCC) and other business groups in their ongoing legal challenge to California’s Climate Disclosure Laws—the Climate Corporate Data Accountability Act (SB 253) and Climate-Related Financial Risk Act (SB 261). USCC and the aforementioned business groups (plaintiffs) are seeking to enjoin both laws ahead of upcoming reporting deadlines in 2026. The District Court found that the plaintiffs failed to show a likelihood that they will succeed on their First Amendment challenge to both laws. Larger companies subject to SB 253 and/or SB 261 may be impacted.

For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Claire Schachter, Kirstin Gruver

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August 19, 2025

Watch for Deadlines Under California’s Packaging Extended Producer Responsibility Regulations

Under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), deadlines are currently set for this Fall. The draft regulations under SB 54 have a registration deadline of “30 days after the effective date of the regulations but prior to January 1, 2027,” but SB 54 does not establish a specific deadline for reporting. However, these regulations are currently under review by the state. On August 22, 2025, CalRecycle opened the public comment period for the draft regulations. CalRecycle will also hold a hybrid public hearing regarding the draft regulations on October 7, 2025, and the public comment period will end on October 7, 2025.

For the full article, see here. – Related B&D Attorneys: Allyn Stern, Kirstin Gruver, Sharon Mathew

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July 28, 2025

Beyond Review: Water Contract Conversion, Reclamation Law, and California’s Central Valley Project

A Federal District Court in California ruled as a matter of statutory interpretation that certain mandatory water contract conversions for the Central Valley Project are not subject to environmental review under the National Environmental Policy Act or the Endangered Species Act. Water users across California, environmental consultants, and agencies may be impacted.

For the full article, see here. – Related B&D Attorneys: Parker Moore, Gus Bauman, Patrick Redmond, Jesse Miles, Sara Eddy, Jeremy Faulkner, Sarah Simon (2025 Summer Associate)

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July 7, 2025

California Proposes Listing Microplastics Under Safer Consumer Products Program

The California Department of Toxic Substances Control (DTSC) has taken a step toward regulating microplastics. On June 20, 2025, DTSC proposed to add microplastics to its Candidate Chemical List (CCL) under the state’s Safer Consumer Products program. While the addition of a substance to the CCL does not impose any immediate regulatory burdens, it is a predicate to potentially requiring product manufacturers to perform alternatives analyses or other regulatory actions, including market access restrictions. These additional regulatory measures have the potential to impact all businesses operating within the State of California that manufacture or distribute products containing plastic. The public has until August 4, 2025, to comment on the proposed rulemaking package.

For the full article, see here. – Related B&D Attorneys: Ryan Carra, Allyn Stern

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July 3, 2025

California Passes Major CEQA Reforms: Key Takeaways for the Regulated Community

This week, California enacted the most significant reforms to the California Environmental Quality Act (CEQA) since the mid-1970s. On June 30, Governor Gavin Newsom signed Senate Bill 131 and Assembly Bill 130 into law, effective immediately. These laws will streamline or exempt new project categories from CEQA review and reduce litigation risks across the state.

These unprecedented changes mark a significant shift in how CEQA will shape project timelines and risk profiles for developers, public agencies, and regulated industries. The new framework also raises important questions about the future impacts on environmental protections and environmental justice communities throughout the state.

For the full article, see here. – Related B&D Attorneys: Brian Haughton, Claire McLeod Ruiz

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June 27, 2025

Five Hot Environmental Issues in the Apparel and Textile Industry

The growing emphasis on sustainability and environmental stewardship is reshaping the legal and regulatory framework for the apparel and textiles industry. This shift presents new challenges for manufacturers, distributors, and retailers of textiles and garments. To effectively identify and comply with environmental rules, regulations, and requirements, companies must understand the materials used in products and the specifics of the supply chain. Given the significant environmental footprint of the apparel and textiles industry, a clear grasp of product components and their corresponding legal requirements at the state, federal, and international level is fundamental to ensure compliance and reduce environmental enforcement risk.

For the full article, see here. – Related B&D Attorneys: Allyn Stern, Claire Schachter, Deepti Gage, Ragini Gupta, Lauren Lankenau, Elizabeth Nugent Morrow

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May 27, 2025

CalRecycle Reissues Draft SB 54 Regulations Targeting California’s Plastic Packaging EPR Program

On March 7, 2025, Governor Newsom declined to adopt CalRecycle’s initial draft regulations under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), citing concerns that the proposed rules would impose excessive costs on businesses and consumers. In response, CalRecycle reopened the rulemaking process, convening its SB 54 Advisory Board on March 21, 2025, to discuss Governor Newsom’s directive and plan the development of a revised regulatory package. CalRecycle published its Report to the Legislature in May 2025, detailing SB 54’s implementation status, and reissued the proposed SB 54 regulations on May 16, 2025.

For the full article, see here. – Related B&D Attorneys: Alan Sachs, Sara Eddy

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    February 28, 2025 

    EPA Seeks Public Comments on Petition to Amend Pesticide Labeling Requirements

    Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment period for a petition that seeks to bar use of state-mandated cancer risk warnings such as those required under California’s Proposition 65 on pesticide labeling.

    For the full article, see here. – Related B&D Attorneys: Allyn Stern, Ning Hsu, Sharon Mathew, Emily Schwartz

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    February 27, 2025

    EPR Packaging and Recycled Content Laws Continue to Trend as Legislatures Consider Policies to Address Packaging Waste Challenges

    Packaging waste has received heavy attention from lawmakers in recent years. A growing number of states are adhering to Extended Producer Responsibility (EPR) and Recycled Content policies for plastics and packaging materials. Seven states already have active EPR programs for packaging, and others are taking steps toward implementation. Recycled content laws are also gaining traction in several states as legislators make efforts to reduce packaging waste. As of 2025, five states have enacted laws that require certain containers and packages to meet minimum recycled content standards. As EPR and Recycled Content programs expand across the country, regulated companies should begin to prepare for the new regulatory landscape.

    For the full article, see here. – Related B&D Attorneys: Allyn Stern, Leticia Duarte, Lauren Lankenau, Sharon Mathew

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    January 16, 2025

    Environmental Developments to Watch in California in 2025

    As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile and stationary sources, worker safety, and water rights, among others.

    Beveridge & Diamond closely tracks developments, upcoming deadlines, and business implications for companies with operations in California. In this article we summarize key areas of activity and what companies should expect in the year ahead.

    For the full article, see here. – Related B&D Attorneys: Susan Smith, Jamie Auslander, Jake Duginski, Jayni Lanham, Kaitlyn Shannon, Erika Spanton, Gary Smith, Patrick Redmond, Leticia Duarte, Sara Eddy, Gabriela Espir, Jeremy Faulkner, Nicole Garson, Ragini Gupta, Lauren Lankenau, Sharon Mathew, Claire McLeod Ruiz, Lauren Murvihill, Megan V. Unger

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    December 30, 2024

    CARB Takes Significant Steps to Advance California Climate Reporting

    In December, the California Air Resources Board (CARB) took noteworthy steps to implement California legislation requiring large companies that “do business in California” to report greenhouse gas (GHG) emissions and disclose climate-related financial risks.

    For the full article, see here. – Related B&D Attorneys: Eric Christensen, Tim Pohle, Sharon Mathew, Megan Unger

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    December 13, 2024

    The Butterfly Effect: FWS Proposes Nationwide Threatened Species Listing for Monarch Butterfly

    On December 12, 2024, the U.S. Fish and Wildlife Service (FWS) proposed listing the monarch butterfly as a threatened species with a special section 4(d) rule under the Endangered Species Act (ESA). The special 4(d) rule would provide very narrow exemptions to the ESA’s broad prohibition on unauthorized take for certain types of activities that may otherwise impact the species. FWS also proposed designating nearly 4,500 acres in California as critical habitat that would extend from the California Bay Area’s Marin County down the state’s western coast to Ventura County north of Los Angeles.

    For the full article, see here. – Related B&D Attorneys: Parker Moore, James Auslander, Jesse Miles, Jonas Reagan, Mariel Tang

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    December 11, 2024

    California’s Energy Commission Reaches Costly Settlements Over Consumer Product Efficiency Standards

    Manufacturers and sellers of consumer products in California should be aware that the California Energy Commission (CEC) continues to bring more enforcement actions and assess large civil penalties for violations of its Title 20 Appliance Efficiency Program. At a time when federal appliance efficiency standard enforcement is expected to recede due to the recent election and looming transition, California enforcement is likely to continue to grow. Regulated businesses, therefore, need to pay increasing attention to Title 20 compliance, not only to avoid large fines but also to ensure continued access to their products in the lucrative California market.

    For the full article, see here. – Related B&D Attorneys: Dan Eisenberg, Susan Smith, Nicholas Hanel

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    November 21, 2024

    EPA Region 9 Finalizes Purported Expansion of NPDES Stormwater Regulation for Two Watersheds in Los Angeles County

    On November 20, 2024, the U.S. Environmental Protection Agency (EPA) Region 9 published in the Federal Register its Final Designation of stormwater discharges from commercial, industrial, and institutional properties consisting of five or more acres of impermeable surfaces in two watersheds in the Los Angeles County area: the Alamitos Bay/Los Cerritos Channel Watershed and the Dominguez Channel and Los Angeles/Long Beach Inner Harbor Watershed. Region 9’s Final Designation is a purported exercise of EPA’s “residual designation authority” under section 402(p)(2)(E) of the Clean Water Act. The action responds to two September 15, 2015, petitions requesting action and a federal court order in Los Angeles Waterkeeper v. Pruitt, 320 F. Supp. 3d 1115 (C.D. Cal. 2018).

    For the full article, see here. – Related B&D Attorneys: Erika Spanton, Drew Silton, Richard Davis, Julia Li, Abby Barnicle

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    November 14, 2024

    Carbon Markets Roundup

    Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas emissions or further GHG removals, sequestration, and storage.

    The past year was significant for carbon markets, both in the United States and globally. We have seen increasing action on credit quality, including with respect to standards and disclosure. More countries are beginning to implement and expand national compliance markets, while new voluntary carbon market standards are shifting with the aim of refinement. Discourse on the use and means of improvement of these many credit mechanisms is on the rise.

    For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Lou Manzo, Claire Schachter, Leandra Ansah, Deepti Gage, Kirstin Gruver, Lauren Lankenau, Audra Gale

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    October 3, 2024

    Extended Producer Responsibility Comes to California Apparel and Textile Producers

    On September 28, Governor Newsom signed SB707, the Responsible Textiles Recovery Act of 2024. The Act is an extended producer responsibility (EPR) law that places the burden of environmental life cycle management of the products on the producer. The foundation of the Act requires apparel producers to form and join a producer responsibility organization (PRO) and for that organization to develop a plan that implements the program. Of note, the Act also addresses perfluoroalkyl and polyfluoroalkyl substances (PFAS) in covered products and their impact on recycling efforts.

    For the full article, see here. – Related B&D Attorneys: Allyn Stern, Deepti Gage, Elizabeth Johnson

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    Updated September 16, 2024

    California to Require Climate Disclosures from Large Companies

     In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3 disclosures. Under SB 253, as originally enacted, CARB had the flexibility to set disclosure timing for Scope 1 and 2, with SB 253 providing that disclosures would “start[] in 2026 on or by a date to be determined by the state board”, while Scope 3 reporting was mandated to begin “no later than 180 days” after initial Scope 1/2 disclosures. SB 219 now provides that Scope 3 disclosure is required “on a schedule specified by the state board”. It is possible that CARB will exercise its discretion to delay Scope 3 disclosure past the original 180-day timeframe.

    For the full article, see here. – Related B&D Attorneys: Eric Christensen, Brook Detterman, Lauren Hopkins, Kirstin Gruver

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    June 4, 2024

    B&D Helps San Francisco Secure Supreme Court Review

    On May 28, 2024, the United States Supreme Court granted the petition for a writ of certiorari that Beveridge & Diamond filed in January in partnership with its client, the City and County of San Francisco.

    As shared earlier this year, the petition seeks review of a Ninth Circuit decision holding that the Clean Water Act allows the imposition of generic prohibitions against violating water quality standards in National Pollutant Discharge Elimination System (NPDES) permits. The U.S. Environmental Protection Agency (EPA) included such a prohibition in the NPDES permit for the wastewater collection and treatment system that serves the western portion of San Francisco. Similar generic bans against violating water quality standards are found in NPDES permits issued nationwide by EPA and authorized states.

    The case is captioned City and County of San Francisco v. Environmental Protection Agency, No. 23-753, and the Court is expected to hear argument during its upcoming Term that starts in October.

    For the full article, see here. – Related B&D Attorneys: Drew Silton, Casey Clausen, John Cruden, Richard Davis, Mackenzie Schoonmaker, Vetone Ivezaj, Julia Li

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    April 16, 2024

    Environmental Developments to Watch in California in 2024

    California is an epicenter of environmental policymaking and often a harbinger of laws and regulations adopted throughout the country, and there’s no reason to think this will change. Beveridge & Diamond closely tracks developments, upcoming deadlines, and business implications for companies with operations in California. In this article, we summarize key areas of activity we are tracking and what companies should expect in the coming months.

    For the full article, see here. – Related B&D Attorneys: Susan Smith, Jake Duginski, Jeff Clare, Liz Johnson, Sharon Mathew, Claire McLeod Ruiz

    January 31, 2024

    CalRecycle Seeks Stakeholder Feedback on Single-Use Packaging EPR Program

    Tomorrow, February 1, the California Department of Resources Recycling and Recovery (CalRecycle) will host a hybrid question and answer session to discuss the draft rulemaking on their extended producer responsibility (EPR) program, as discussed below. A 45-day public comment period will follow. Members of the regulated community who wish to attend can find in-person and virtual information on the session here.

    Members of B&D’s Plastics and Packaging team will attend the public meeting and will be prepared to answer any questions clients and contacts may have. A more substantive update on what to expect from CalRecycle and the rulemaking process is forthcoming.

    For the full article, see here. – Related B&D Attorneys: Susan Smith, Allyn Stern, Jeff Clare, Claire McLeod Ruiz

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    January 22, 2024

    B&D Petitions SCOTUS on Behalf of San Francisco to Challenge Vague Clean Water Permit Terms

    On behalf of the City and County of San Francisco, Beveridge & Diamond filed a petition for writ of certiorari seeking U.S. Supreme Court review of a Ninth Circuit decision holding that the Clean Water Act allows the imposition of generic prohibitions against violating water quality standards in National Pollutant Discharge Elimination System (NPDES) permits. The U.S. Environmental Protection Agency (EPA) included such a prohibition in the NPDES permit for the wastewater collection and treatment system that serves the western portion of San Francisco. Similar generic bans against violating water quality standards are found in NPDES permits issued nationwide by EPA and authorized states.

    For the full article, see here. – Related B&D Attorneys: Drew Silton, Casey Clausen, John Cruden, Richard Davis, Mackenzie Schoonmaker, Vetone Ivezaj, Julia Li

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    January 22, 2024

    B&D Petitions SCOTUS on Behalf of San Francisco to Challenge Vague Clean Water Permit Terms

    On behalf of the City and County of San Francisco, Beveridge & Diamond filed a petition for writ of certiorari seeking U.S. Supreme Court review of a Ninth Circuit decision holding that the Clean Water Act allows the imposition of generic prohibitions against violating water quality standards in National Pollutant Discharge Elimination System (NPDES) permits. The U.S. Environmental Protection Agency (EPA) included such a prohibition in the NPDES permit for the wastewater collection and treatment system that serves the western portion of San Francisco. Similar generic bans against violating water quality standards are found in NPDES permits issued nationwide by EPA and authorized states.

    For the full article, see here. – Related B&D Attorneys: Drew Silton, Casey Clausen, John Cruden, Richard Davis, Mackenzie Schoonmaker, Vetone Ivezaj, Julia Li

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    January 22, 2024

    B&D Petitions SCOTUS on Behalf of San Francisco to Challenge Vague Clean Water Permit Terms

    On behalf of the City and County of San Francisco, Beveridge & Diamond filed a petition for writ of certiorari seeking U.S. Supreme Court review of a Ninth Circuit decision holding that the Clean Water Act allows the imposition of generic prohibitions against violating water quality standards in National Pollutant Discharge Elimination System (NPDES) permits. The U.S. Environmental Protection Agency (EPA) included such a prohibition in the NPDES permit for the wastewater collection and treatment system that serves the western portion of San Francisco. Similar generic bans against violating water quality standards are found in NPDES permits issued nationwide by EPA and authorized states.

    For the full article, see here. – Related B&D Attorneys: Drew Silton, Casey Clausen, John Cruden, Richard Davis, Mackenzie Schoonmaker, Vetone Ivezaj, Julia Li

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    October 27, 2023

    California Requires Disclosures for Voluntary Carbon Offsets and Climate-Related Claims Beginning in 2024

    In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new disclosure requirements for voluntary carbon offset (VCO) market participants and other business entities that operate within the state and make certain specified climate-related claims (e.g., “net zero,” “carbon neutral”). AB 1305 enters into effect on January 1, 2024. Businesses failing to meet these requirements may be subject to substantial civil penalties. Accordingly, businesses that market, buy, or sell VCOs in California or that make any of the specified climate-related claims, either with respect to the business entity or an affiliate or in connection with the sale of products, should pay careful attention to the new law and begin preparing for the required disclosures.

    For the full news alert, see here. – Authors: Eric Christensen, Brook Detterman, Astrika Adams, Kirstin Gruver, Deepti Gage, Jeff Clare

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    October 12, 2023

    California’s Transformational Single-Use Packaging EPR Law Moves Toward Implementation

    Governor Gavin Newsom signed SB 54 on June 30, 2022, creating an extended producer responsibility (EPR) program and imposing some related prohibitions for certain single-use packaging and plastic single-use food service ware in California.

    This law imposes significant recycling and EPR requirements for “producers” of single-use packaging and food service items sold or otherwise distributed in California.

    For the full news alert, see here. – Authors: Susan Smith, Allyn Stern, Jeff Clare, Claire McLeod Ruiz

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    October 4, 2023

    California Adopts New Workplace Violence Prevention Law

    Governor Newsom has signed California's SB 553, which will require almost all employers to take certain steps to prevent workplace violence. Among other measures, SB 553 requires California employers to adopt comprehensive workplace violence prevention plans by July 1, 2024. The plans may be stand-alone documents or incorporated as new sections of the workplace's Injury and Illness Prevention Program (IIPP).

    For the full news alert, see here. – Authors: Jessalee Landfried, Clirae Bourke

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    September 26, 2023

    California to Require Climate Disclosures from Large Companies

    The California Legislature recently passed two new laws that impose significant climate-related disclosure obligations on many businesses. The passage of SB 261 and SB 253 are the latest steps in a growing trend to mandate climate-related disclosures. The laws will require companies to disclose climate-related financial risks and greenhouse gas (GHG) emissions beginning in 2026. Governor Newsom has indicated that he will sign the bills into law.

    For the full news alert, see here. – Authors: Eric Christensen, Brook Detterman, Lauren Hopkins, Jeff Clare, Kirstin Gruver

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    July 31, 2023

    California Employers are not Liable for the Spread of COVID-19 to Household Members

    The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc.,S274191 (July 6, 2023).

    The decision resolves an open question for tort litigation in this jurisdiction. In 2021, the U.S. District Court for the Northern District of California determined an employer’s obligation to provide a safe workplace does not extend to non-employees who contract a virus from the workplace premises. Plaintiffs appealed this decision to the Ninth Circuit Court of Appeals which then posed two certified questions to the California Supreme Court concerning the scope of an employers’ liability when an employee’s spouse is injured by transmission of COVID-19.

    For the full news alert, see here. –Authors: Jessalee Landfried, Susan Smith, Clirae Bourke

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    February 21, 2023

    CalRecycle’s Recycling Revamp

    The California Department of Resources Recycling and Recovery (CalRecycle) published proposed regulations to amend the Recycling and Disposal Reporting System (RDRS) to increase the specificity of waste and recycling information that waste haulers, landfills, transfer and hauling facilities, composting facilities, recycling facilities, and certain brokers and transporters must report to the state. The proposed amendments carry out the mandates in two California statutes: (1) Senate Bill (SB) 343, commonly referred to as the “Truth in Labeling Law,” and (2) Assembly Bill (AB) 881, which addresses exports of plastic waste. The proposed regulations aim to advance California’s long-standing statewide waste and recycling goals by imposing additional reporting requirements on certain entities that handle plastic waste. The public comment deadline is March 15, 2023, following a hybrid public hearing on the rule.

    For the full news alert, see here. –Authors: Russ LaMotte, Allyn Stern, Deepti Gage, Liz Glusman, Kirstin Gruver, Sarah Munger, Nikki Waxman

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    January 12, 2023

    Environmental Developments to Watch in California in 2023

    This article summarizes key areas of activity we expect in 2023—including Cal/OSHA and COVID-19, chemicals and emerging contaminants, climate regulation and mobile source emissions, environmental justice, green marketing and greenwashing, and waste—and what companies should consider in preparation.

    For the full news alert, see here. –Authors: Kaitlyn Shannon, Gary Smith, Susan Smith, Jeff Clare, Jake Duginski, Liz Glusman, Claire McLeod

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    January 9, 2023

    Cal/OSHA Adopts Non-Emergency COVID-19 Regulation

    After several rounds of revisions and contentious public meetings, the Cal/OSHA Standards Board adopted the agency’s proposed non-emergency regulatory standard for COVID-19 on December 15. The new standard extends many of the requirements already in place under the Emergency Temporary Standard (ETS) with several notable modifications. Most provisions of the non-emergency standard will be in effect for two years after the effective date, although the recordkeeping provisions will remain in effect for three years. As a result, California employers will continue to face significant COVID-19 requirements in the workplace for an extended period.

    For the full news alert, see here. –Authors: Jessalee Landfried, Jayni Lanham, Clirae Bourke, Liz Glusman

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    October 4, 2022

    California’s COVID-19 Workplace Requirements Continue to Evolve

    In recent weeks, California state legislators and regulators have considered significant changes to the state’s COVID-19 requirements for workplaces. On September 29, Governor Newsom signed AB 2693 into law, extending but simplifying the statutory COVID-19 notice requirements. On September 15, Cal/OSHA agreed to substantially revise its proposal for a non-emergency regulatory standard for 2023 and beyond.

    For the full news alert, see here. –Authors: Jessalee Landfried, Jayni Lanham, Clirae Bourke, Liz Glusman

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    September 8, 2022

    Charging Ahead: California to Require All New Cars Sold to Be Zero Emissions in 2035

    On August 25, 2022, the California Air Resources Board (CARB) approved the Advanced Clean Cars II rule (Rule), requiring all new vehicles sold in California to be zero-emission vehicles (ZEVs) by 2035. Governor Gavin Newsom laid the foundation for the Rule with his September 23, 2020, Executive Order N-79-20. The Rule accelerates the increased sales percentages of passenger ZEVs, and plug-in hybrid electric vehicles (PHEVs) automakers are required to meet starting in 2026. This Rule is an important component of the State’s plan to achieve net-zero emissions by 2045.

    For the full news alert, see here. –Authors: Tim Sullivan, Josh Van Eaton, Mary Crowell, Liz Glusman, Anthony Papetti

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    September 8, 2022

    California Passes Two New Bills to Overhaul State’s Battery Extended Producer Responsibility Program and Broadly Expand State’s E-Waste Program

    At the end of August 2022, the California Legislature passed AB 2440 and SB 1215, overhauling the state’s existing battery extended producer responsibility (EPR) schemes and expanding the state’s e-waste program. AB 2440, the Responsible Battery Act of 2022, sunsets the existing Cell Phone Recycling Act of 2004 and the Rechargeable Battery Act of 2006, creating a singular EPR program for batteries within the state. SB 1215 expands the Electronic Waste Recycling Act of 2003 (EWRA) to include battery-embedded products and broadens the EWRA’s definition of manufacturers.

    For the full news alert, see here. –Authors: Russ LaMotte, Jeff Clare

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    May 24, 2022

    Cal/OSHA Extends COVID-19 Regulations Through December 2022

    California’s Third Readopted COVID-19 Emergency Temporary Standard (ETS) is now in effect and will remain effective until December 31, 2022. This latest iteration of the ETS remains substantively similar to earlier versions; however, several important changes are included.

    For the full news alert, see here. –Authors: Jessalee Landfried, Jayni Lanham, Kacie Couch

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    April 12, 2022

    Supreme Court Wades Into Troubled Waters, Brings Trump Administration State Water Quality Certification Rule Back to Life

    The U.S. Supreme Court on April 6, 2022, issued an emergency order reinstating the Trump Administration’s rule governing Section 401 of the Clean Water Act. The rule imposes limits on the timing and scope of a State or Tribe’s ability to add conditions related to water quality to permits issued by the federal government. The Court’s unusual ruling without much explanation reinstates the Trump rule, at least temporarily, until the Ninth Circuit rules on pending appeals challenging that rule. 

    For the full news alert, see here. –Authors: Eric Christensen, Pamela Marks, Allyn Stern

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    March 16, 2022

    SEC Poised to Take Action on Climate Disclosure Requirements, California Legislation Also Moving Forward

    The Securities and Exchange Commission (SEC) is set to formally consider the possibility of enhanced climate disclosure requirements at its upcoming Open Meeting on March 21, 2022. Meanwhile, the California Senate recently passed the Climate Corporate Accountability Act seeking to impose climate reporting requirements on certain businesses. These efforts at both the state and federal level suggest that heightened mandatory climate disclosure requirements in the U.S. may be inevitable, and that companies should carefully review the policy options on the table.

    For the full news alert, see here. –Authors: Brook Detterman, Lauren Hopkins, Kirstin Gruver

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    January 14, 2022

    California’s COVID-19 Regulations Extended Through April

    California’s Second Readopted COVID-19 Emergency Temporary Standard (ETS) is now in effect and will remain in place through April 14, 2022. In general, the ETS retains many of the central provisions of the earlier versions. However, there are several key changes that may impact employers.

    For the full news alert, see here. –Authors: Deepti Gage, Jessalee Landfried, Jayni Lanham, Kaitlyn Shannon

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    October 29, 2021

    Cal/OSHA Advances Proposed Temporary and Permanent COVID-19 Standards

    On October 20, 2021 California’s Division of Occupational Safety and Health (Cal/OSHA) published the draft text for the proposed second re-adoption of its COVID-19 Emergency Temporary Standard (“proposed ETS”). The proposed ETS seeks to continue the current Emergency Temporary Standard (“current ETS”) that was effective as of June 17, 2021 with some key changes. The proposed ETS seeks to update requirements in light of the Delta variant and bring the current ETS in alignment with COVID-19 guidance issued by the California Department of Public Health. If adopted, the proposed ETS will be effective January 14, 2022 to April 14, 2022. Simultaneously, the agency is considering a proposed permanent standard that would retain many of the same provisions for at least a two-year period.

    For the full news alert, see here. –Authors: Jessalee Landfried, Jayni Lanham, Kaitlyn Shannon, Deepti Gage

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    October 18, 2021

    Cal/OSHA’s Enforcement Authority Expanded

    On September 27, Governor Newsom signed Senate Bill 606, significantly expanding the California Division of Occupational Safety and Health’s (Cal/OSHA) enforcement authority. SB 606 increases potential exposure for employers with multiple worksites in the state, requires Cal/OSHA to issue “egregious violations” in certain circumstances, increases the potential monetary fines associated with citations, and expands Cal/OSHA’s authority to issue subpoenas and seek injunctions and temporary restraining orders.

    For the full news alert, see here. –Authors: Jessalee Landfried, Jayni Lanham, Kaitlyn Shannon

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    October 6, 2021

    California Prohibits Use of Chasing Arrows on Non-Recyclable Items

    On October 5, 2021, California’s Governor Newsom signed Senate Bill 343 (SB 343) prohibiting the use of the chasing arrows symbol on non-recyclable products and packaging. Under the new law, a product or packaging that displays the chasing arrows symbol or any other symbol or statement indicating it is recyclable is deceptive or misleading unless the product is “recyclable” in accordance with California-specific regulations and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging. The law requires the California Department of Resources Recycling and Recovery (CalRecycle) to take steps to evaluate and identify which materials are “recyclable” in the state.

    For the full news alert, see here. –Authors: Russ LaMotte, Beth Richardson, Dacie Meng, Sarah Munger

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    September 20, 2021

    Prepare for California’s Upcoming Organic Waste and Food Collection Requirements

    California’s Short-Lived Climate Pollutants organic waste and food collection regulation (SLCP) becomes enforceable on January 1, 2022. This alert outlines the portion of the regulation that applies to businesses with California locations that generate organic and/or food waste.

    For the full news alert, see here. –Author: Allyn Stern

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    July 19, 2021

    California DTSC Finalizes Priority Product Listing of Carpets and Rugs Containing PFAS Triggering Reporting Requirements

    On July 1, 2021, the California Department of Toxic Substances Control (DTSC) adopted a new “Priority Product” under the state’s Safer Consumer Products (SCP) Program: carpets and rugs containing perfluoroalkyl or polyfluoroalkyl substances (PFAS). Businesses that manufacture, import, distribute, sell, or assemble carpets and rugs containing PFAS that are sold in California will have until August 30, 2021 to provide DTSC notice and will need to evaluate alternatives to using PFAS by December 28, 2021.

    For the full news alert, see here. –Authors: Nessa Horewitch Coppinger, Lauren Hopkins, Allyn Stern, Aminah Famili, Kate Tipple, Ashley Campfield (Summer Associate)

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    June 30, 2021

    States and Federal Government Continue to Advance Plastics Recycling and Minimum Recycled Content Mandates

    What is happening? Connecticut has joined several other states in imposing plastic recycling mandates on manufacturers. These laws seek to improve the market for recyclables by establishing recycled content minimums for plastic products, establishing extended producer responsibility (EPR) programs, and examining ways to improve recycling infrastructure.

    Who is impacted? Manufacturers that use plastics and retailers that sell plastic products in states that have already passed legislation, or proposed legislation establishing recycled content minimums, EPR programs, or improvements to recycling infrastructure.

    What should stakeholders do? Stakeholders should closely monitor current and pending state plastics legislation and prepare for any upcoming public notice-and-comment periods.

    For the full news alert, see here. –Authors: Russ LaMotte, Sarah Kettenmann, Sarah Munger, Nikki Waxman

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    Updated June 28, 2021

    After Several Rounds of Revisions, Updated Cal/OSHA COVID-19 Emergency Temporary Standards Take Effect

    Over the last two months, the California Occupational Safety & Health Standards Board (“Board”) has considered several versions of proposed updates to the emergency temporary COVID-19 standards that were first adopted in November 2020. After much debate over how the standards should be updated to account for the evolving nature of the pandemic, and several halted attempts to revise the standards in May and June 2021, the Board approved the revised emergency standards at its meeting on June 17. Although the standards would typically be subject to review by the Office of Administrative Law (“OAL”), Governor Newsom signed Executive Order N-09-21 waiving the OAL review period so that the revised standards took effect on June 17.

    For the full news alert, see here. –Authors: Heidi Knight, Jessalee Landfried, Jayni Lanham, Mark Duvall

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    June 24, 2021

    Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

    In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a per se physical taking requiring the payment of just compensation under the Takings Clause of the U.S. Constitution. Cedar Point Nursery v. Hassid, 2021 WL 2557070 (U.S. June 23, 2021). Cedar Point represents another expansion by the Roberts Court of property owner rights under the Takings Clause and opens the door further to legal challenges to government mandates allowing access to private property.

    For the full news alert, see here. –Authors: Gus Bauman, Eric Klein, Jimmy Slaughter, Felicia Isaac

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    May 18, 2021

    South Coast AQMD Adopts Warehouse Indirect Source Rule, First Reporting Months Away

    On May 7, California's South Coast Air Quality Management District (South Coast AQMD) adopted Rule 2305 (the “Rule”) aimed at regulating nitrogen oxide (NOx) and diesel particulate matter emissions associated with truck traffic at warehouses. The Rule will drastically increase compliance costs for warehouse operators in the South Coast Air Basin, requiring such operators to achieve compliance through mechanisms like green projects or mitigation fees. South Coast AQMD estimates that the Rule will impact approximately 4,000 warehouses in the South Coast Air Basin, with an upper-end overall compliance cost estimate of $979 million annually. The first report due for warehouse operators under the Rule is September 1, 2021.

    For the full news alert, see here. –Authors: Allyn Stern, David Weber, Stacey Halliday, Jacob Duginski, Aminah Famili, Kate Tipple, Hilary Jacobs, Nikki Waxman

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    February 17, 2021

    B&D Principal Russ LaMotte Interviews Senior CalRecycle Official on Plastic Waste Initiatives

    In a Brief Encounters podcast by the D.C. Bar titled, "Basel Convention Plastic Waste Amendments – An American Perspective," Beveridge & Diamond Principal Russ LaMotte (Washington, DC) interviews Zoe Heller, Deputy Director for Policy Development at the California Department of Resources Recycling and Recovery (CalRecycle). Their discussion focuses on plastics recycling in the U.S., possible impacts of the restrictions, and other developments to expect in 2021 and beyond. Click here to listen to the podcast.

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    February 10, 2021

    CARB Announces Plan to Expand Zero-Emission Requirement for Transport Refrigeration Units

    On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 directing CARB to develop policies to achieve zero emissions in off-road vehicles, equipment, and operations by 2035. The order sets a goal for all in-state sales of new passenger vehicles and trucks in California to be zero emission by 2035 and directs CARB to develop and propose regulations to meet this target.

    For the full news alert, see here. –Authors: Tony Michaels, Tom Richichi, Grant Tolley, Nicole Waxman

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    D.C. Circuit Stays Litigation over EPA Rescission of California Waiver to Regulate Vehicle Emissions

    On February 8, 2021, the D.C. Circuit issued an order granting the Biden administration’s motion to stay litigation over Part 1 of the Trump-era Safer Affordable Fuel Efficient Vehicles (SAFE) Rule. The order was issued in Union of Concerned Scientists v. NHTSA (No. 19-1230) and consolidated cases. As detailed in our earlier alerts, Part 1 of the SAFE Rule rescinded the waiver EPA granted California to regulate vehicle greenhouse gas emissions and to implement a zero-emission vehicle program. Part 2 of the SAFE Rule finalized new standards for corporate average fuel economy (CAFE) and carbon dioxide emissions for passenger vehicles and light-duty trucks sold from model years 2021 through 2026.

    This stay is one of the first of many that will likely be requested by the Biden administration in litigation challenging Trump-era rules.

    For the full news alert, see here. –Authors: Tom Richichi, Dan Schulson, Josh Van Eaton, Grant Tolley

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    February 4, 2021

    California Leads Nation With Introduction of Ambitious Climate Disclosure Bill in State Legislature

    Last week, California Senate Bill (SB) 260, the Climate Corporate Accountability Act was introduced in the California state legislature. If enacted, large corporations doing business in the state of California would be required to disclose their greenhouse gas emissions to the California State Air Resources Board beginning in 2024. Large corporations would also be required to set and disclose a science-based emissions reduction target aimed at reducing their carbon footprint, beginning in 2025.

    For the full news alert, see here. –Authors: Brook Detterman, Allyn Stern, Aminah Famili, Kirstin Gruver

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