Topic: Legal Climate
News
Aug. 18, 2017

Pot shops are sprouting across California after voters last year legalized marijuana for recreational use. U.S. Attorney General Jeff Sessions has sowed fears on the left that the feds will try to nip California’s pot industry in the bud. The bigger threat may be parasitic lawyers.

Plaintiff firms have filed some 800 complaints against marijuana businesses alleging violations of the state’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). The 1986 law requires businesses to post warnings if their products contain one of the more than 900 chemicals that state regulators have deemed hazardous or carcinogenic.

. . . Plaintiff attorneys eye a business opportunity in pot legalization, which is expected to grow California’s cannabis market by $5 billion. They are now raiding mom-and-pop pot shops, vaping cartridge manufacturers, edible producers and co-ops. One plaintiff has filed more than 600 Prop. 65 violation notices.

News
Aug. 18, 2017

Sacramento County led a cascade of area governments suing the state in an effort to block the Delta tunnels, saying the $17 billion project would harm local farmers, endangered fish and low-income communities at the south end of the county.

News
Aug. 18, 2017

Indeed, hundreds of other Los Angeles County businesses have been hit with similar class-action wage-and-hour lawsuits bolstered by PAGA penalties over the past year. The total includes nearly 300 against businesses in the city of Los Angeles alone, according to figures from Garin Casaleggio, deputy secretary of communications for the California Labor and Workforce Development Agency, the department that oversees PAGA filings. The Private Attorneys General Act essentially deputizes plaintiff employees, allowing them and their attorneys to investigate employer records to scour for more wage-and-hour or meal- and rest-break violations. That can quickly run up the potential tab for alleged violations. The Santa Fe Importers/Marisa Foods case grew to include alleged wage-and-hour violations extending back four years for current and former employees.

News
Aug. 10, 2017

The state Supreme Court has decided not to take up an appeal of a lower court ruling that Malibu can’t limit chain stores or force major development projects to be put to a vote of the people. The determination filed late Wednesday appeared to mark the end of the road for the beach city’s Measure R ballot measure limiting development, handing a major victory to developers and for a project that would bring a Whole Foods store to the city.

News
Aug. 3, 2017

California officials are notorious for ladling on one environmental regulation after another, forcing developers to spend years or even decades producing waist-deep environmental-impact reports and dealing with endless regulatory hassles and litigation. The main tool environmentalists use to stop growth is the 1970s-era California Environmental Quality Act (CEQA). It’s the equivalent of placing a “sue me” sign on every job site. . . . CEQA also remains uncorrected because of a disturbing double standard. Whenever there’s a big publicly funded project backed by prominent lawmakers, the first thing backers do is to exempt it from the act’s requirements. Why reform a poorly functioning law when it can be used to stop projects you don’t like, but never inhibits the ones you do like?

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