Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery.
By Joshua Bledsoe, Nikki Buffa, Betty M. Huber, and Matthew Green
On February 3, 2025, in Chamber of Commerce of the United States of America et al. v. California Air Resources Board et al.,1 the US District Court for the Central District of California granted the state’s motion to dismiss the
By Richard P. Bress, Philip J. Perry, Andrew D. Prins, Ryan Baasch and Alexandra Shechtel
On February 26, for the first time ever, a federal district court has enjoined a California Proposition 65 warning requirement on First Amendment grounds. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 — colloquially known as “Proposition 65” — the State listed the herbicide glyphosate, the most widely used herbicide in the world, as a chemical “known” to the