PME California Agricultural and Environmental Blog

Welcome to the PME LAW Blogs. In this blog, we will focus on PME California Agricultural and Environmental Blog developments, particularly within the state of California. Nothing in this blog should be construed as legal advice. PMELAW.com is a public website, so communications are not privileged. Copyright Perkins, Mann & Everett (PME LAW) © 2015. All rights reserved.

New Greenhouse Gas Legislation Affecting Agriculture SB 32, AB 197 SB 1383

By Lee N. Smith & Craig A. Tristao The new Greenhouse gas legislation “package” extends California’s  Gas Cap & Trade program and sets   new emission  reduction goals for 2030. It further sets emission reductions for methane.  The legislation has the potential to impact dairies, landfills and composting operations. The attached powerpoint which was originally presented Read More

New Prop 65 Regulations have Been Approved

In August 2016 OEHHA finalized the new Prop 65 Warning regulations. In summary, there is new safe harbor language, a new website for consumers, and attempts to clarify liability as between manufacturers and retailers. The new regulations go into effect on August 30, 2018, new labels can however be used before that time. The language required by Read More

Prop 65 Rules Finalized ? Current Revisions

Oeeha has revised the new notice regulations requesting comments by June 6, 2016. following is quoted from the Oehha site. The The most significant changes are summarized below: In Section 25600(e) the term “fully” was removed.  This provision is intended to be a statement of current law.  Specifically, if a party to a court-ordered settlement Read More

Amended Notice Regulations for Prop 65

OEHHA,  the Office of Environmental Health Hazard Assessment, has released yet another iteration of the “fair and reasonable” standard for Prop 65 warnings. This March draft contains numerous changes mostly minor changes to try to increase the clarity of the language. Originally in March of 2014, OEHHA issued a “pre-regulatory draft” of the regulations, and after Read More

PME Speakers at Cal. League of Food Processor’s Food Safety, Nutrition and Labeling Committee

   PME lawyers Lee Smith and Craig Tristao spoke at the CLFP’s Food Safety Nutrition and Labeling Committee, on May 16, 2016. They covered the topics of the State Water Board’s Proposed General Order for Recycled Water and on the use of Production Water on Agricultural. If you are interested in the PowerPoints or having a Read More

Prop 65: Revisions to Proposed Regulations

By: Lee N. Smith California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has released a new, revised version of the proposed Proposition 65 warning regulations apparently because they could not finish their rulemaking within one year, as required by law.  The delay was caused reportedly by problems that the Agency was having in reconciling the diverse views Read More

Prop 65: Acrylamide in your Coffee ? Court Issues Tentative Order

by Lee N. Smith  In a case that has been widely watched, a Central Los Angeles Superior Court has issued a tentative ruling in the Phase One portion of a case that was originally filed against coffee purveyors, alleging that the acrylamide levels in their coffee products exceed the Prop 65 levels that require warnings.  Read More

Additional Revisions to Prop 65 Regulations

Written by Lee Smith The recent revisions of the Prop 65 regulation have been revised, again. Proposed Section 25205 concerns the content of the Lead Agency Website. Under this section the agency is to maintain a web-based portal to collect and display information provided to the agency by manufacturers related to exposures. These regulations require Read More

State Water Board Uses Term 91 as the Basis for Curtailment Orders to Water Right Permit and License Holders

Written by Craig A Tristao On April 30, 2015 the State Water Resources Control Board declared that (1) water being released from state and federal water projects is being released in the Sacramento-San Joaquin Delta Watershed (Delta Watershed) and (2) the Delta is in Balanced Condition. It then issued curtailment notices to 88 holders of Read More

The State Water Board has Curtailed All Post-1914 Water Rights Permits, Licenses, Registrations and Certificates.

Written by Craig A Tristao On May 1, 2015 the State Water Resources Control Board issued an immediate curtailment notice to those diverting water from the Sacramento River Watershed and Delta under a Post-1914 water right permit, license, registration or certificate. This curtailment follows several issued in April: 3rd: Curtailment order concerning diversions from the Read More