Environmental Consumer Protection

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Marketing Genetically Engineered Crops Just Got Easier: CRISPR Deletion Mutant Crops May Face Reduced Regulatory Hurdles

From the earliest days of recombinant DNA technology, there has been worry in the policy community and among the public about the release and consumption of genetically engineered (GE) crops, especially crops for human...more

TSCA Reset to Affect Nearly All Manufacturers, Importers and Processors

Companies that have manufactured or imported chemical products in the U.S. in the past ten years (alone or formulated in products and mixtures) should plan now to comply with new rules requiring them to identify and report...more

PHMSA Adjusts Incident Reporting in Response to Public Comment

The Pipeline and Hazardous Material Safety Administration (PHMSA) recently revised submission requirements for incident reporting by operators of gas and hazardous liquid pipelines. While the December 27, 2016 notice appears...more

EPA Issues Proposed Rule for Prioritizing Existing Chemicals for Risk Review - Proposed Four-Step Process Aims to Incentivize...

The United States Environmental Protection Agency (EPA) has published its proposed rule for the prioritization of existing chemicals for the risk evaluation mandated under the Frank R. Lautenberg Chemical Safety for the 21st...more

EPA Proposes Toxic Substances Control Act Inventory "Reset" Rule - Pragmatic Proposal Reflects Stakeholder Suggestions

The United States Environmental Protection Agency (EPA) published in today’s Federal Register its proposed approach to updating the list of chemical substances manufactured or processed in the United States, commonly known as...more

WARNING: Proposition 65 Warning Requirements Have Changed

Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in...more

California Issues New Guidance for Alternatives Analysis for Safer Consumer Products

California’s Green Chemistry Initiative has taken another step forward with proposed guidance on how to perform the required “alternatives analysis” by manufacturers of certain consumer products sold in the state. The...more

EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act

On November 29, 2016, the U.S. Environmental Protection Agency announced the first 10 chemicals that it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (“TSCA”), 15...more

EPA Adds Vapor Intrusion to Hazard Ranking. Can You Say “Deck Chairs on the Titanic?”

EPA has finally issued a final rule including vapor intrusion in the Hazard Ranking System. The good news is that this is appropriate, because VI is one of the few real hazards regulated by the Superfund program. The bad...more

California Environmental Law & Policy Update - December 2016 #2

Environmental and Policy Focus - Trump picks Scott Pruitt to lead EPA - New York Times - Dec 7 - President-elect Donald J. Trump has selected Scott Pruitt, the Oklahoma attorney general and a close ally...more

EPA Selects First 10 Chemicals for TSCA Risk Evaluations

A Set of "Blueprints" for Future Reviews? - In satisfaction of a mid-December deadline under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has issued the required initial list of ten “high...more

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal...more

Toxic Substances and Control Act Overhaul

Under the recently amended Toxic Substances and Control Act (TSCA), EPA is bound by new requirements and enforceable timetables to complete risk assessments for chemicals manufactured, distributed and imported to the United...more

Regulatory Burdens On Retailers Continue to Evolve

In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

With the passage of Proposition 67, the question is “Would you like paper or…paper?”

On November 8, 2016, California voters approved Proposition 67, the statewide ban on carry-out plastic bags, by 52 percent. At the same time, California voters rejected Proposition 65 by 55 percent–a measure that would have...more

What To Know About PHMSA's New Emergency Authority Rule - October 2016

Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard...more

Landmark Reform of Federal Chemicals Law Will Significantly Impact Chemical Manufacturers and Users

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety Act for the 21st Century Act (“Lautenberg Act”), a sweeping and historic overhaul of our nation’s primary chemical management law, the...more

EPA Taking First Actions to Restrict Existing Chemical Uses

On October 11, 2016, EPA announced the start of expedited rulemaking to restrict the existing uses of five widely used chemicals that have been identified as being toxic, persistent and/or bioaccumulative in the environment...more

TSCA Reform Will Fundamentally Change U.S. Chemical Regulation

Astonishingly, in an election year and at a time of unprecedented partisanship, this past June, Congress adopted significant reforms to the Toxic Substances Control Act (TSCA) with sweeping support from both sides of the...more

Proposition 65: New regulations for "clear and reasonable" warnings

Remember when the warning above was “clear and reasonable” for purposes of Proposition 65? Soon that will no longer be true. Following a two-year rulemaking, the California Office of Environmental Health Hazard Assessment...more

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

New Modifications to the Proposition 65 Regulations

The modifications significantly change both the AG’s Regulations and OEHHA’s Clear and Reasonable Warnings provisions. California’s Office of Administrative Law recently approved important changes to two sets of Proposition...more

Pipeline Safety: PHMSA Releases New Rule on Emergency Authority

On Monday, October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released an interim final rule (IFR) establishing procedures to implement new imminent hazard authority created by the PIPES Act...more

Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of

California’s Department of Toxic Substances Control (DTSC) has released the results of aquatic toxicity testing on over-the-counter remedies, health and beauty products, and cleaning products. The results indicate that over...more

California Adopts New Regulations For Warnings Under Proposition 65: CAVEAT VENDITOR (Sellers Beware)

Come August 30, 2018, consumer products to be released into the California marketplace must meet new regulations under California’s infamous Proposition 65. On August 30, 2016, the California Office of Administrative Law...more

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