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No Warranty Without Express Language

Client Alert | less than 1 min read | 02.24.10

Addressing the issue of warranties again within a week and once again reversing the Court of Federal Claims, the Federal Circuit in Precision Pine & Timber, Inc. v. U.S. (Feb. 19, 2010) found no warranty implicit in a contractual clause that allowed the Forest Service to suspend performance due to Endangered Species Act concerns. With respect to the one contract that lacked a suspension of work clause, however, the Forest Service breached because it lacked contractual authority to do so, even though it stopped performance in response to a district court injunction.

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Client Alert | 7 min read | 12.17.25

CARB Proposes Regulations Implementing California GHG Emissions and Climate-Related Financial Risk Reporting Laws

After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations....