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Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more

California Adopts Additional Phthalate Proposition 65 Safe Harbor Limit - Agency Rejects Calls for Higher (and Lower) Limit

California’s Office of Administrative Law has amended the list of regulatory safe harbor levels under Proposition 65 to include the chemical diisononyl phthalate (DINP), setting the limit at 146 micrograms per day...more

Energy Sector Alert Series: Modern Compliance Programs in an Age of New Threats

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

China's “RoHS 2” Regulation: What Manufacturers Must Know

After years of deliberation and industry anticipation, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated the “RoHS 2” regulation on January 21, 2016, with the formal (translated) title “Management...more

European Commission Work Programme 2016: 'No Time for Business as Usual'

According to the European Commission Work Programme 2016 entitled 'No time for business as usual', this year the European Union is facing new challenges to which the Commission wants to respond in an ambitious and fruitful...more

Compliance at the Tipping Point, Part V – Protection Afforded From a Compliance Program

Today, I wrap up my series on why I think compliance is at the Tipping Point. However as it is a Friday in October, I continue my tribute to the Man in the Shadows, producer Val Lewton, whose films for RKO had some of the...more

California Releases its First Draft of its Alternatives Analysis Guide (AA Guide)

All manufacturers and sellers of consumer products into California should take note. California has just released its first draft of stage one of its Alternatives Analysis Guide (AA Guide). ...more

ESA Alert: U.S. Fish and Wildlife Service Initiates 12-Month Review for Listing

Last week, the U.S. Fish and Wildlife Service (“Service”) announced its 90-day findings on various petitions under the federal Endangered Species Act. The Service found that 23 petitions presented substantial scientific or...more

Corporate Insurance Trends 2015

Over the last 12 months, the insurance industry has seen speculation with respect to litigation funding regulation, resolutions of large class actions and consolidation in the form of acquisitions in the industry. There has...more

OEHHA Releases New Prop 65 Proposals that Will Increase Label Obligations for Businesses Selling Products into California,...

On Friday, August 28, 2015, the California Office of Environmental Health Hazard Assessment (“OEHHA”) released four pre-regulatory proposals under Prop 65 that, if passed, would likely significantly expand the overall...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - June 2015

In This Issue: - Leaders in the News - Innovator Profile - Event Highlights - Washington Update - Energy Navigator - Upcoming Events - Excerpt from Leaders in the...more

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow...more

Green Chemistry Products Show Upward Trajectories and Continued Market Growth

The American Sustainable Business Council (ASBC) and the Green Chemistry & Commerce Council (GC3) recently released a report that evaluates the potential business and economic value of “safer chemistry.” ...more

EC Calls for Data on Colloidal Silver (Nano) in Cosmetic Products

On March 24, 2015, the European Commission (EC) announced a call for data on the ingredient “colloidal silver (nano).” According to the EC, it has received notification of several cosmetics products containing the ingredient...more

Prosecutors Strike Gold in Retailers’ Dumpsters with Hazardous Waste Enforcement Action

Retailers should implement hazardous waste management plans, even for simple consumer goods, as California, New York and other states launch aggressive enforcement campaigns. In recent years, California prosecutors...more

Fourth Circuit Continues Trend toward Narrowing Scope of CERCLA Arranger Liability

Action Item: With federal courts moving toward limiting arranger liability under CERCLA, companies that sell new or used products containing hazardous substances should heed the guidance of those courts and take certain...more

European Chemicals Agency Releases Practical Guide on Biocidal Products Regulation

Not a moment too soon, the European Chemicals Agency (ECHA) released a useful and clearly written Practical Guide on Biocidal Products Regulation, ECHA-14-B-19-EN. ECHA is the European Union (EU) agency tasked with...more

TSCA: EPA Proposes a Significant New Use Rule That Would Close a Chapter on Perfluorinated Chemicals

On January 21, 2015, the U.S. Environmental Protection Agency (EPA) issued a proposed amendment to a significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemicals. According to EPA's January 15,...more

2015 May Bring Significant (More Burdensome) Changes to Proposition 65 Warning Requirements

Following Governor Jerry Brown’s call in mid-2013 for reform of Proposition 65, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency that writes the regulations governing Proposition 65,...more

Will the “Naturally Occurring” Exemption for Food (and Supplements) Become an Achievable Defense in 2015?

What is the “Naturally Occurring” Defense? - One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...more

OEHHA Proposes New Proposition 65 Warning Regulations

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) published two notices of proposed rulemaking regarding the State’s Proposition 65 warning regulations. OEHHA proposes to repeal...more

Trends in Chinese Regulation for Manufacturers to Watch in 2015

In China, there are an overwhelming number of measures to govern almost all aspects of the process of manufacturing a product, bringing that product to market, and maintaining that product’s integrity and competitiveness in...more

Congress Finally Enacts Chemical Facility Security Legislation

In a rare bipartisan gesture, on December 11, 2014, the House of Representatives unanimously passed H.R. 4007, the “Protecting and Securing Chemicals Facilities from Terrorist Attacks Act of 2014” (“Act”), which the Senate...more

DOE Announces Technology Transfer Opportunity For Small Businesses

The U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) issued an announcement for its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs,...more

TSCA Work Plan for Chemical Assessments: EPA Adds and Removes Chemicals Based on New Data

The U.S. Environmental Protection Agency (EPA) announced on October 23, 2014, that it has updated its Toxic Substances Control Act (TSCA) Work Plan for Chemical Assessments. According to EPA, the updated TSCA Work Plan...more

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