Companies who may qualify as “producers” under the EPR packaging programs adopted by California, Oregon, and Colorado should plan for sufficient lead time to evaluate their status as a producer before applicable requirements...more
The Circular Action Alliance (“CAA”), a 501(c)(3) non-profit, is expected to be selected as California’s new producer responsibility organization (“PRO”) under the Plastic Pollution Prevention and Packaging Producer...more
10/30/2023
/ Beverage Manufacturers ,
California ,
Environmental Policies ,
Food Manufacturers ,
Plastics ,
Policy Drafting ,
Product Packaging ,
Recycling ,
Regulatory Agenda ,
Regulatory Oversight ,
Working Groups
Environmental Health Advocates v. Sream, Inc., (2022) 83 Cal.App.5th 721 (Sream), and three other California appellate cases were subjects of a panel discussion on September 18, 2023 at the annual Proposition 65 Conference...more
It is probably fair to say that SB 54 – California’s extended producer responsibility (EPR) law imposing source reduction and recycling requirements on single use packaging and plastic food service ware – is not only the...more
California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (the “Act” or “SB 54”) is a variation of the increasingly popular Extended Producer Responsibility (EPR) and circular economy frameworks in...more
On March 29, 2023, the California Department of Resources Recycling and Recovery (CalRecycle) held a workshop on Producer Responsibility Organizations (PROs) and forthcoming regulations under the Plastic Pollution Prevention...more
On March 29, 2023, the California Department of Resources Recycling and Recovery (CalRecycle) held a workshop on Producer Responsibility Organizations (PROs) and forthcoming regulations under the Plastic Pollution Prevention...more
On February 28, CalRecycle held an informational workshop for SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act. The workshop focused on the Advisory Board and Needs Assessment components of...more
On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more
2/27/2023
/ Contaminated Properties ,
DTSC ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Guidance ,
Public Health ,
Real Estate Development ,
Toxic Exposure ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Water Quality Control Boards ,
Water Resources Control Board
In California, the Proposition (“Prop”) 65 landscape continues to evolve – notices of violations (“NOVs”) issued for products that do not contain or emanate a Prop 65 chemical, novel constitutional theories raised by defense...more
2/2/2022
/ Compliance Management Systems ,
Corporate Social Responsibility ,
Environmental Social & Governance (ESG) ,
Investment ,
Notice of Violation ,
Proposition 65 ,
Public Health ,
Retailers ,
Supply Chain ,
Toxic Chemicals ,
Warning Labels
Companies with fewer than ten employees are exempt from California’s Proposition 65 warning requirements but may nonetheless have a sophisticated distribution network for their product, making them an attractive target for...more
As concerns have escalated about vapor intrusion, regulatory agencies are not only taking more conservative approaches to risk – they may also be more likely to take enforcement action where there is delay or non-compliance...more
11/25/2020
/ Contaminated Properties ,
Enforcement Actions ,
Environmental Policies ,
Manufacturers ,
Real Estate Market ,
Regulatory Standards ,
Risk Mitigation ,
Toxic Exposure ,
Urban Planning & Development ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Water Resources Control Board
Standard due diligence practices may not necessarily identify all the potential liabilities associated with the rapidly evolving field of vapor intrusion. ...more
By Catherine W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more
While the vast majority of Proposition 65 claims involve consumer products, Proposition 65 also applies to environmental exposures. On July 3, 2020, a Proposition 65 notice of intent to sue was filed against a consulting firm...more
Public comments on California’s Draft Supplemental Vapor Intrusion Guidance (“DSVIG”) were due to Cal-EPA by June 1, 2020. So far, comments submitted indicate several California businesses and industries are concerned about...more