State Attorneys General

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The U.S. General Service Administration (GSA) proposed an amendment to the General Services Acquisition Regulation (GSAR) aimed at reducing single-use plastic packaging. Specifically, the proposed amendment allows suppliers to voluntarily supply the government with “single use plastic free” (SUP-free) packaging and, in return, the suppliers will be eligible for a SUP-free filter icon on the GSA website that allows purchasers within the government to easily identify SUP-free products. Eleven attorneys general (AGs) from Massachusetts, California, Illinois, Connecticut, Maryland, Delaware, Minnesota, Oregon, Washington, Vermont, and Washington, D.C. signed a letter in support of the new rule. They identified some proposed modifications, arguing that the GSA’s proposed amendment does not go far enough to combat what the AGs deem to be a “plastic waste crisis.”

In a recent alert, we reported that California Attorney General (AG) Rob Bonta announced a settlement with DoorDash over allegations that the company violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling consumers’ personal information without providing notice or an opportunity to opt out.

The Federal Trade Commission (FTC) and a coalition of nine state attorneys general (AG) filed a lawsuit on February 26, in the U.S. District Court for the District of Oregon seeking a preliminary injunction to stall Kroger Company’s (Kroger) proposed $24.6 billion acquisition of Albertsons Companies (Albertsons), citing concerns that the proposed deal would eliminate competition among the supermarket giants, leading to higher grocery prices for millions of Americans. FTC commissioners voted unanimously to authorize the lawsuit, which was joined by AGs from Arizona, California, the District of Columbia, Illinois, Maryland, Nevada, New Mexico, Oregon, and Wyoming. Simultaneously, the FTC filed an administrative complaint against Kroger and Albertsons to block the proposed transaction.

On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee granted a preliminary injunction requested by the Tennessee and Virginia attorneys generals (AG) against the NCAA’s “NIL-recruiting ban.” This ban prohibits boosters and collectives from discussing name, image, and likeness (NIL) opportunities with student-athletes before they commit to a school. The court found that the AGs had established both a likelihood of success on the merits and irreparable harm that would occur without the injunction. This decision could have significant implications for the landscape of college sports.

On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee, issued an opinion and order granting the Tennessee and Virginia attorneys generals’ (AG) request for a preliminary injunction enjoining the National Collegiate Athletic Association (NCAA) from enforcing its so-called “NIL-recruiting ban,” i.e., the current NCAA guidance that prohibits boosters and collectives from communicating with student-athletes about name, image, and likeness (NIL) opportunities before they commit to a particular school. The court found the AGs had established both a likelihood of success on the merits and irreparable harm that would occur absent imposition of the preliminary injunction. By granting the preliminary injunction, the court has set off a series of events that are sure to have wide-ranging implications both on the near- and long-term landscape of college sports.

In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment.[1] Since then, multiple state attorneys general (AG) have continued to weigh in on DuPont’s alleged role in contaminating the environment with per- and poly-fluoroalkyl substances (PFAS), including recent lawsuits filed by Tennessee[2] and North Carolina.

On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of asbestos-containing demolition debris in violation of the Commonwealth’s Public Health Law. The Commonwealth is seeking civil penalties of $25,000 for each day of violation, as well as a permanent injunction that would require Holtec to comply with the state’s Air Act and the air regulations that are promulgated under the state’s Public Health Law. Shortly after the filing, the parties announced that they are working toward a settlement that could require Holtec to pay somewhere between $200,000 to $500,000.

On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the Sherman Antitrust Act over the association’s restrictions on the ability of current and future student-athletes to benefit from their name, image, and likeness (NIL). The lawsuit was filed just one day after the announcement that the National Collegiate Athletics Association (NCAA) is investigating the University of Tennessee for NIL violations.