News & Analysis as of

California Environmental Law & Policy Update - November 2015 #2

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

California Environmental Law & Policy Update - October 2015 #4

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...more

Flint Water System Troubles May Signal Numerous, Potentially Broad-Ranging Problems

For the City of Flint, Michigan, the immediate problem is that the water it provides its citizens is not safe to drink. For many other communities across the nation, the problem may be whether they can do the things necessary...more

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous...more

California Doubles Down on Proposition 65 Regulations; OEHHA Issues Pre-Regulatory Proposals That Harm Existing Defenses

Late last week, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory...more

Another Major Earthquake: California Creates Big Fissures in Proposition 65 Regulations – Proposals Could Shatter Defenses

In the midst of making Proposition 65’s longstanding warning regulations far more onerous, and vexatious litigation far more likely, California’s Office of Environmental Health Hazard Assessment (OEHHA) has unveiled still...more

California Environmental Law & Policy Update - August 2015 #3

Environmental and Policy Focus: Clean Water Act rule faces challenges from both sides - Courthouse News Service - Aug 18: A widely publicized new rule clarifying the definition of ’waters of the United States’ under the...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Release of Risk and Exposure Assessment for the Review of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide. EPA is currently reviewing the primary...more

Impact of California Appellate Decision on Proposition 65 Actions Unclear

On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et...more

California Appellate Court Affirms Judgment in Favor of Food Company on Claims of Lead Exposure

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65, California’s toxics...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

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65...more

D.C. Circuit Rejects Petition Seeking TSCA Regulation of Spent Lead Bullets and Shot

On December 23, 2014, the U.S. Court of Appeals for the D.C. Circuit issued an opinion rejecting on the merits a petition filed by 101 environmental groups seeking to compel EPA to regulate spent lead bullets and shot under...more

EU Moves Forward with Restriction on Lead in Consumer Products

The European Chemicals Agency (ECHA) has adopted a proposed restriction of lead in consumer articles. Specifically, the restriction proposal aims to reduce children’s exposure to lead from putting consumer products in their...more

Eighth Circuit Holds Abandoned Lead Concentrate Is a “Pollutant” for Purposes of CGL Policy Absolute Pollution Exclusion

Does environmental damage stemming from the abandonment of lead concentrate mined and processed on the insured’s property fall within the scope of the comprehensive general liability (CGL) policy’s absolute pollution...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more

EPA Continues to Ignore the Dangers of Lead for Children

In 2001, the Environmental Protection Agency (EPA) set hazard standards for levels of lead, the measure of which is critical to children’s health. Despite calls from the agency’s science advisors, says USA Today, the federal...more

EU Environment Report - December/January 2013

In This Issue: *Chemicals - France bans bisphenol A in food contact materials - Commission adopts RoHS exemption for lead - Commission adopts RoHS exemption for cadmium - Consultation begins on three...more

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