Environmental Administrative Agency Products Liability

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How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks

In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not...more

Product Liability Advisory - November 2012: BPA Linked to Adverse Reproduction Effects in Rhesus Monkeys

A recent study published in the “Proceedings of the National Academy of Sciences” found that Bisphenol A (BPA) can adversely affect fetal development in rhesus monkeys. The study’s findings raise concerns regarding BPA...more

McAfee & Taft RegLINC - July 2012: Industry groups voice concern over OSHA’s change to HazCom standard by Heidi Slinkard Brasher

Several industry groups – including the American Petroleum Institute, CropLife America, American Tort Reform Association, National Oilseed Processors Association, and American Chemistry Counsel – have petitioned a federal...more

California Revamps Draft Green Chemistry Regulations for Safer Consumer Products

On October 31, 2011, the California Department of Toxic Substances Control (“DTSC”) issued informal draft regulations for Safer Consumer Products, making significant revisions from earlier drafts. DTSC will hold a workshop on...more

California Takes Action on Bisphenol-A: What Is the Impact?

California has joined 11 other states in limiting the sale of selected products that contain the chemical Bisphenol-A (BPA). BPA is an industrial chemical used to make a hard, clear plastic known as polycarbonate, found in a...more

Governor Brown Signs Two Bills Intended to Protect Children From Toxic Exposures

In an effort to protect children (and, to a lesser extent, adults) from toxic exposure, California has banned the use of the controversial chemical Bisphenol A (BPA) in baby bottles and sippy cups, and has eliminated certain...more

McAfee & Taft RegLINC - September 2011: Endangered species litigation — Potential impact on pesticide use in production...

On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection Agency (EPA) was failing to comply with Section 7(a)(2) of the Endangered Species Act (ESA) in regard to 47...more

Antibacterial Soap: Few Clear Benefits, Many Murky Questions about Safety

The chemical triclosan has been a popular ingredient in many household cleaning products despite the fact that its supposed antibacterial properties have not been proved. Making a questionable claim is one thing; promoting an...more

McAfee & Taft AgLINC: Endangered species litigation By Chris Paul

Center for Biological Diversity v. EPA — Potential impact on pesticide use in production agriculture On May 30, 2007, the Center for Biological Diversity filed a lawsuit alleging that the U.S. Environmental Protection...more

EPA Decision Highlights Risks to Retailers Under FIFRA

A United States Environmental Protection Agency ("EPA") administrative judge levied $409,490 in penalties against California-based retailer 99¢ Only Stores for selling pesticidal products that were either not registered with...more

California Issues New Green Chemistry Requirements for Consumer Products

In a highly anticipated new development, California’s Department of Toxic Substances Control (“DTSC”) submitted its Green Chemistry Proposed Regulation for Safer Consumer Products to the state Office of Administrative Law...more

Manufacturers of Consumer Products Face Extensive California Green Chemistry Requirements

In a highly-anticipated new development, California’s Department of Toxic Substances Control (“DTSC”) issued its draft Regulation for Safer Consumer Product Alternatives in order to implement its innovative Green Chemistry...more

New Directions: Are the LEED 2009 requirements a tempest in a teapot or a ticking time bomb? By Edward B. Gentilcore

Recently, the U.S. Green Building Council (USGBC), the major entity responsible for the rapid proliferation of green design and building techniques throughout the United States through its LEED rating system, published a...more

Greening of Consumer Products - December 5, 2008

IN THIS ISSUE: *Underwriters Laboratories enters battle against greenwashing *BuildGreen publishes list of top green products *EPA launches investigation into formaldehyde emissions *Homeowners want universal...more

Greening of Consumer Products - September 10, 2008

IN THIS ISSUE: *California's chemical legislation could presage federal action *California Legislature passes bill to promote E-waste recycling *California sues artificial turf makers over lead hazard *New trend sees...more

Greening of Consumer Products - August 27, 2008

IN THIS ISSUE: *California considers bills to give regulators more power over chemicals *California Assembly defeats two chemical-restriction measures *FDA to hold public meeting about safety of bisphenol A *Shoppers...more

California Presses Its Green Chemistry Initiative

California has undertaken a number of new initiatives in its environmental and product liability laws. One of the most significant is its Green Chemistry Initiative to attempt on a state level to remove or reduce toxic...more

Greening of Consumer Products - July 23, 2008

IN THIS ISSUE: *Congress closer to passing sweeping consumer product safety legislation *Green consumer guide offers tips on avoiding deceptive product labeling *Bill seeks to ban PVC packaging in...more

Greening of Consumer Products - July 16, 2008

IN THIS ISSUE: *Chemical industry allegedly "waging war" on California toxics reform *California lawmakers calling for more accountability on regulating chemical plants *Alternative Chemical Products market expected to...more

Greening of Consumer Products - July 9, 2008

IN THIS ISSUE: *Proposed regulation in California would have impact on Prop 65 chemical listing process *EPA cautions against electronics recycling *"Kid Safe Chemical Act" proposed to protect against hazardous...more

Greening of Consumer Products - July 2, 2008

IN THIS ISSUE: *Congress reaches agreement on parts of Consumer Product Safety Bill *$20 billion Organic industry in litigation over what is truly organic *Import Working Group to release progress summary on product...more

Greening of Consumer Products - June 4, 2008

IN THIS ISSUE: *Toxic packaging bill moves to the Senate *Legislators encouraging Congress to ban phthalates from toys and childcare products *Playtex sued in Arkansas, could spark class action lawsuit over bisphenol...more

Greening of Consumer Products - May 14, 2008

IN THIS ISSUE: *New bills push for better regulations on toxic products sold in California *Connecticut moves to limit lead in children's toys *Climate Counts' second annual company scorecard finds food services industry...more

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