News & Analysis as of

Environmental Protection Agency (EPA) Proposition 65

Cozen O'Connor

AGs Urge EPA to Adopt Rule Preempting State Labeling Requirements

Cozen O'Connor on

Eleven Republican AGs filed a petition for rulemaking to the EPA demanding that it amend its regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) regarding additional labeling or packaging...more

ArentFox Schiff

Ninth Circuit Affirms that Businesses Have First Amendment Rights When It Comes to Proposition 65 Warnings

ArentFox Schiff on

On November 7, 2023, the US Court of Appeals for the Ninth Circuit concluded in National Association of Wheat Growers v. Bonta, that California’s Proposition 65 (Prop 65) cancer warning for glyphosate, a product primarily...more

Sheppard Mullin Richter & Hampton LLP

The Intersection of Prop 65 and Free Speech: A Recent Win for Businesses

Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more

King & Spalding

Packaging, Proposition 65, and PFAS – Challenges for Food and Beverage Companies Expand

King & Spalding on

In our article published in the last edition of this Gazette, we discussed late 2021 to early 2022 developments concerning extended producer responsibility (EPR) programs and the regulation of per- and polyfluoroalkyl...more

BCLP

Consumer products regulations on the rise for 1,4-Dioxane

BCLP on

In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

MG+M The Law Firm on

California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

Allen Matkins on

EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more

Allen Matkins

New State and Federal PFAS Regulation

Allen Matkins on

In 2021, new federal and California regulations were established to protect public health and environments from the impacts of Per- and Polyfluoroalkyl substances (PFAS). Clients in industries that utilize PFAS, owners of...more

Allen Matkins

California Environmental Law & Policy Update - March 2022 #3

Allen Matkins on

Appeals court halts ruling blocking Biden climate metric - The Hill - March 16 - The Fifth Circuit Court of Appeals on Wednesday halted a lower court’s ruling that prevented the Biden administration from factoring the...more

Foley & Lardner LLP

Part One – Air, Water, California Proposition 65, and Cannabis

Foley & Lardner LLP on

Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more

Pillsbury Winthrop Shaw Pittman LLP

Information Requests and Subpoenas for PFAS Likely to Increase, as Biden Administration Ramps Up Regulation of PFAS

What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS - Federal and state governments use information requests and subpoenas to gather information about a business’s...more

Allen Matkins

California Environmental Law & Policy Update - April 2021

Allen Matkins on

EPA expands analysis of new chemicals under TSCA - Chemical & Engineering News – March 30 - The U.S. Environmental Protection Agency (EPA) announced on March 29 that, when conducting risk assessments of new chemicals...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Pillsbury Winthrop Shaw Pittman LLP

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

Womble Bond Dickinson on

What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Pillsbury Winthrop Shaw Pittman LLP

California Court Finds that Proposition 65 Cancer Warnings for Glyphosate Violate First Amendment Rights

A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment. The Court reviewed the constitutionality...more

Buchalter

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides

Buchalter on

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #2

Allen Matkins on

Federal judge rules California-Quebec cap-and-trade agreement is valid - San Francisco Chronicle – March 12 - California’s agreement with Quebec to share cap-and-trade markets to reduce greenhouse gases survived its...more

ArentFox Schiff

Court Considers Permanent Injunction on Arbitration Law

ArentFox Schiff on

Prop 65 Counsel: What To Know - Court to Consider Permanent Injunction on Arbitration Law; Prop. 65 Acrylamide Lawsuit Pending - CalChamber Advocacy - On Friday, US District Judge Kimberly J. Mueller is expected...more

Perkins Coie

Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?

Perkins Coie on

As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new...more

Allen Matkins

California Environmental Law & Policy Update - October 2019 #2

Allen Matkins on

Focus - BLM moves to expand oil and gas drilling in California - San Francisco Chronicle – October 4 - The U.S. Interior Department’s Bureau of Land Management (BLM) last Friday opened up 720,000 acres in California...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

Cozen O'Connor on

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Bergeson & Campbell, P.C.

EPA Issues Guidance Regarding Prop 65 Labeling Requirements for Glyphosate Products and OEHHA Responds

On August 7, 2019, EPA took long awaited action concerning the inclusion of Prop 65 warning statements for glyphosate on EPA registered pesticide labels, which will likely impact the broader ongoing debate over EPA approval...more

Kelley Drye & Warren LLP

Prop 65 Battle Royale over Glyphosate: EPA vs. OEHHA

The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more

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