Category Archives: Regulatory

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New Proposition 65 Safe Harbor Warnings for Residential Rental Properties

On March 21, 2019, the Office of Environmental Health Hazard Assessment (OEHHA) adopted amendments to California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Proposition 65 or Prop 65) that add sections on safe harbor warnings for exposures to listed chemicals at residential rental properties. The purpose of the new regulations is … Continue Reading

Are You Ready? California’s New Proposition 65 Warning Requirements Took Effect August 30

As of August 30, 2018, businesses will are now required to provide revised “clear and reasonable” warnings under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Proposition 65 or Prop 65) if they would like to avail themselves of the safe harbor provided by the implementing regulations of the Office of … Continue Reading

Interior’s Latest Endangered Species Act Guidance: Crucial Information for Developers (and AP Government Students)

One of my happiest marital duties is being a guest speaker for my wife’s AP Government classes.  As part of her students’ preparation for the annual AP exam, she asks me to give a presentation focused on the role of the executive branch in relation to the other two main branches of government.  “The kids … Continue Reading

If a Tree Falls in Maryland, Will the Legislature Make a Sound?

With all the recent focus on controversies involving federal environmental regulatory action, we often forget that states continue to play a leading role in environmental and natural resources policy.  State activity often flies under the radar, but can have a tremendous impact on development projects, large and small.  The Maryland legislature is currently engaged in … Continue Reading

Bold Predictions for 2018

2017 ended with a bang, well, more like a “pop.” I’m writing this with my leg comfortably elevated, recovering from a torn Achilles tendon and subsequent surgery. This mandatory rest period has provided the opportunity to watch all those year-end cable news shows where the so-called experts look back on forecasts they made a year … Continue Reading

When Regulatory Policy Sounds Like an Ad

Ask anyone in my family, and they’ll tell you to hide my cellphone when I’m watching late-night TV.  I absolutely love advertisements for products promising better this or faster that, and with unbelievably low prices in three convenient payments to boot.  As a result of my purchases, I have enjoyed juicier chicken, fresher vegetables, and … Continue Reading

Regulatory Reform: Be Careful What You Wish For

A constant refrain from clients over the years, in both the public and private sectors, is that certainty may be the most valuable characteristic of any regulatory program.  The “Waters of the United States” controversy perfectly illustrates this perspective.  One could argue whether the Army Corps of Engineers’ reach over jurisdictional waters governed by Section … Continue Reading