Sectors
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Arata E. Kaku-McGowan

Associate

Arata E. Kaku-McGowan

Associate

Arata Kaku-McGowan is an associate in the Commercial Litigation Practice Group, where he has helped handle complex cases ranging from antitrust and consumer class actions to FCRA cases, contract disputes, and insurance and reinsurance cases. As a secondary member of the Environmental Group, Arata also has assisted clients with a breadth of environmental issues from cradle to grave: analyzing emissions compliance issues for product development; supporting permit application for energy projects; contending against unrelenting national environmental NGOs in administrative proceedings related to factories, solar and natural gas power plants, and pipeline infrastructure; defending Environmental Assessments and Environmental Impact Statements; and litigating RCRA and CERCLA issues.

October 26, 2026 Foley Viewpoints

California Restaurant Association Files New California EPR Lawsuit Built on an Untested State Constitutional Tax Theory

Producers covered by California’s SB 54 have spent months watching a 17-state coalition fight the law in federal court on federal theories. Now a new challenger has opened a second front, in state court, with an argument no one has tried yet: the California Constitution’s ban on private taxation.
October 20, 2026 In the News

Foley Attorneys Analyze Colorado EPR Double Billing Challenge

Foley & Lardner LLP attorneys Betsy Stone, Nicholas Johnson, and Arata E. Kaku-McGowan shared insights in the Packaging Dive article, “Auto Care Association raises double-pay issue in Colorado EPR suit.”
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October 16, 2026 Foley Viewpoints

Double-Billed for Recycling? What Colorado Producers Need to Know About Overlapping Extended Producer Responsibility (EPR) Fees

Producers have spent the past year asking how much Colorado’s EPR program will cost them. For one industry, the answer may be: double. On October 15, 2026, the Auto Care Association moved to intervene as a plaintiff in National Association of Wholesaler-Distributors v. Ryan, the pending federal challenge to Colorado’s Producer Responsibility Program for Statewide Recycling Act. Its core grievance: Colorado has directed producers of lubricant and-petroleum related products, such as automotive aftermarket companies, to register with, report to, and pay dues to two separate private organizations for packaging associated with the very same product.
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October 16, 2026 Foley Viewpoints

Colorado Takes a Page from Oregon’s Playbook And Tries to Partially Dismiss EPR Challenge

Colorado has fired its first shot in the fight over its Extended Producer Responsibility law, and it came straight from Oregon’s playbook. On October 13, 2026, the Colorado Department of Public Health and Environment (CDPHE) moved to dismiss part of the National Association of Wholesaler-Distributors' complaint.
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August 31, 2026 Energy Current

Grid Security Redux: What Executive Order 14420 Means for Utilities, Project Developers, and the Supply Chain

On August 26, 2026, President Trump issued Executive Order 14420, “Declaring a National Emergency to Secure the United States Bulk-Power System.”
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August 28, 2026 Foley Viewpoints

Oregon Judge Upholds EPR Scheme in Full Against Constitutional Attacks

First-of-its-kind ruling signals that industry should prepare for extended producer responsibility (EPR) compliance as states expand extended producer responsibility programs.