Chemicals

News & Analysis as of

California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation

California’s Green Chemistry Initiative continues to build momentum. On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017...more

Wrap-Up of Federal and State Chemical Regulatory Developments April 2015

EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the...more

Proposed California Bill Seeks to (Finally) Define “Knowing and Intentional” Element of Proposition 65

On February 23, 2015, Assemblyman Bill Quirk (D-Hayward) introduced legislation that would definitively define the term “knowing and intentional” that is contained in the actual text of Proposition 65 (Prop 65). There has...more

Competing Proposed Bills in U.S. Congress Look to Reform Outdated Toxic Substances Control Act

Earlier in March, two separate bills were introduced in the United States Senate seeking to update the Toxic Substances Control Act (TSCA) of 1976. The outdated federal legislation was meant to provide the Environmental...more

In Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm

Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a...more

Toxic Tort and Environmental Litigation: Toxic Substances Control Act - Reform at Last? (4/15)

Efforts to reform the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq., have been underway for several years, but to date, none have succeeded in modifying how this often criticized law regulates chemicals in...more

Reporting Hydraulic Fracturing Chemicals - New BLM Rules and EPA Study Spotlight FracFocus

In the past ten days, the federal government has articulated different views on the utility and effectiveness of FracFocus, a website used by many operators to report the chemicals used to fracture their wells. In its final...more

K-REACH: List of Priority Existing Substances Submitted for Consultation

On April 1, 2015, the Korean Ministry of Environment submitted the list of priority existing substances for consultation in accordance with Article 9 of Korea's Registration, Evaluation, Authorization, and Restriction of...more

8 dangerous substances you may be exposed to at work

Not all workplace injuries involve falls and collisions. Some of the damage done on the job is more gradual and subtle. Many jobs in Illinois involve hazardous levels of exposure to chemicals and other harmful substances. ...more

EPA Withdraws Direct Final Rule Exempting Six Biobased Chemicals From CDR

On March 30, 2015, the U.S. Environmental Protection Agency (EPA) withdrew a Direct Final Rule for Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data....more

New Prop. 65 Regulations Being Considered in California

For nearly three decades, California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as “Proposition 65," has, under specified conditions, required businesses that sell or distribute products in...more

Senate EPW Committee Holds Hearing On TSCA Reform Bill

On March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). ...more

Recent Studies and Reports on Pollinators: (1) New University of Maryland Report Indicates Neonicotinoids Not Primarily...

Recently, the results of a three-year University of Maryland study assessing the potential chronic sublethal effects on whole honey bee colonies of a diet containing imidacloprid, an insecticide that belongs to the...more

The Shale Play Today - March 2015

In This Issue: - West Virginia Senate Bill 423 Amends Aboveground Storage Tank Act: Even before the June 6, 2014 effective date of the Aboveground Storage Tank Act (the "AST Act" or "Act"), W. Va. Code §§ 22-30-1 et...more

New Fracking Regulations on Disclosure and Disposal Could Cost Industry $32M Per Year

New regulations setting standards for hydraulic fracturing, commonly known as fracking, in oil and gas wells drilled on federal lands were issued recently by the Obama administration through the U.S. Department of the...more

Industrialization Of Biology Report Released By The National Academies

On March 13, 2015, the National Academies issued Industrialization Of Biology: A Roadmap To Accelerate The Advanced Manufacturing Of Chemicals, a 143-page report prepared in response to a request from the U.S. Department of...more

EPA and ACC Reach Settlement Regarding Antimicrobial Pesticide Data Requirements

On March 2, 2015, the United States Environmental Protection Agency (EPA) and the American Chemistry Council (ACC) executed a settlement agreement (Agreement) following the ACC’s petition for judicial review of EPA’s...more

New Bipartisan TSCA Legislation Introduced In Senate

On March 10, 2015, Senators Tom Udall (D-NM) and David Vitter (R-LA) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that would reform the Toxic Substances Control Act (TSCA)....more

TSCA Reform: Detailed Analysis of Frank R. Lautenberg Chemical Safety for the 21st Century Act: Significant Changes Made to...

The Senate over the past several years has considered a number of legislative texts to amend the Toxic Substances Control Act (TSCA). These include the Safer Chemicals Act, several versions of which were introduced by Senator...more

A Clean Slate? California Bill Is Latest Attempt to Legislate Labeling Requirements for Cleaning Products

Another potentially meaningful development in legislation affecting consumer products companies: on February 25, a California legislator introduced a bill, AB 708, that would require manufacturers, distributors and retailers...more

Regulation of Chemicals in Consumer Products on the Rise

In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept,...more

TSCA Reform: "Tom Udall's Unlikely Alliance With the Chemical Industry" New York Times (March 2015)

Headlines in The New York Times (NYT) describing a cozy relationship between a liberal Democratic Senator from New Mexico and the chemical industry is not a common occurrence. ...more

Is Laminate Flooring The New Drywall For Insurers?

Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers...more

Is Toxic Flooring the New Chinese Drywall?

A few days ago, the popular television program “60 Minutes” aired a story about a national flooring retailer selling Chinese-manufactured laminate flooring that contains extremely high levels of the cancer-causing chemical...more

Prop 65 Amendment Would Limit Frivolous Claims and “Overwarning”

Legislation was introduced in the California Assembly last week to provide much-needed relief from frivolous Proposition 65 claims and avoid “over-warning” the public where scientific evidence shows that products or premises...more

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