Environmental Issues in the Cannabis Industry: Evolving Regulations and Litigation for Marijuana, CBD, and Hemp
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address environmental law issues impacting the cannabis industry. The panel will discuss ongoing state agency enforcement actions, private litigation, and state law such as California's Prop 65. The panel will discuss myriad environmental regulations--including those for pesticides, water, and air--and best practices for addressing compliance and minimizing environmental risks.
Outline
- Overview
- Regulatory Issues
- Federal law
- State
- State enforcement actions
- Environmental review
- Private litigation
- Toxic torts
- Product liability claims
- Failure to warn
- Nuisance
- Environmental cleanup (CERCLA, RCRA)
- Best practices
- Compliance
- Litigation
- Conclusion
Benefits
The panel will review these and other key issues:
- What are the primary environmental problems faced by cannabis, hemp, and CBD-related businesses?
- What environmental laws impact the cannabis industry?
- What state agency enforcement actions should counsel to cannabis-related businesses anticipate?
- What is the role of private litigation under nuisance, civil RICO, and state laws?
- What are best practices for mitigating clients' environmental regulatory and litigation risks?
Faculty
Jordan E.A. Ferguson
Attorney
Venable
Mr. Ferguson is a land use and government and regulatory attorney. He represents and advises clients on land use and... | Read More
Mr. Ferguson is a land use and government and regulatory attorney. He represents and advises clients on land use and environmental matters related to regulatory compliance with a variety of planning and zoning regulations, including the California Environmental Quality Act. He also represents and advises clients on government and regulatory issues, including government contracts, regulatory compliance with ethics and conflict of interest requirements, prevailing wage issues, and other issues that arise when interfacing with public agenciesMr. Ferguson provides legal services to cities, special districts, and private clients. He is well-versed in issues surrounding emerging technologies and the sharing economy, land use and planning laws, conflicts of interest, free speech regulations, privacy rights, public safety regulations, and elections law matters. Mr. Ferguson is a frequent author and lecturer on the sharing economy, among other emerging issues.
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Danielle Mettler-LaFeir
Partner
Barclay Damon
Ms. Mettler-LaFeir primarily concentrates her practice on environmental law. She advises energy utilities on complex... | Read More
Ms. Mettler-LaFeir primarily concentrates her practice on environmental law. She advises energy utilities on complex state and federal environmental laws related to the development of energy resources and operations involving electrical generation. She also counsels businesses on project development and operations as well as applicable environmental laws. Ms. Mettler-LaFeir’s practice involves compliance, permitting, transactional, and litigation work under various environmental statutes, with a concentration on the Clean Air Act, climate change, the Clean Water Act, and environmental remediation.
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Mackenzie S. Schoonmaker
Principal
Beveridge & Diamond
Ms. Shoonmaker’s practice includes both litigation and regulatory matters arising under FIFRA, the Clean Water... | Read More
Ms. Shoonmaker’s practice includes both litigation and regulatory matters arising under FIFRA, the Clean Water Act, and related environmental laws. Under FIFRA, she represents pesticide companies in data compensation arbitrations, focusing on defending the rights of data owners against follow-on registrants of pesticides. Ms. Shoonmaker has also worked extensively with task forces comprised of national and multinational companies of all sizes that operate as joint ventures or limited liability companies to generate data and other information to meet government requirements under FIFRA. She is Co-Leader of the firm’s Cannabis Practice Group.
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Christopher D. (Chris) Strunk
Partner
Gordon Rees Scully Mansukhani
Mr. Strunk has more than 20 years of experience litigating complex environmental and toxic tort disputes. He focuses on... | Read More
Mr. Strunk has more than 20 years of experience litigating complex environmental and toxic tort disputes. He focuses on the defense of large, multi-party environmental matters, including mass tort and products liability litigation involving alleged toxic injury arising from asbestos, lead, mold, solvents, and other contaminants. Over the past five years, Mr. Strunk has developed a significant industrial hemp and cannabis practice, defending ancillary and plant-touching businesses in environmental disputes and litigation.
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