On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory...more
The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more
On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell. In its Evidence on the Carcinogenicity of Vinyl...more
On May 14, 2025, EPA issued a news release (available here) stating that the agency will maintain the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations (NPDWRs) promulgated in April 2024—but only with...more
On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between...more
On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more
Interested parties — including businesses raising crops or animals on agricultural and ranch lands potentially impacted by PFAS in groundwater; entities operating wastewater treatment plants (WWTPs); and related interest...more
The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more
On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold...more
On April 4, CalRecycle published its final material characterization study (Study) pursuant to SB 343. Under SB 343, use of the chasing arrows symbol or other indications of recyclability on products or packaging that do not...more
In February 2025, newly installed EPA leadership sought and obtained orders from the D.C. Circuit Court of Appeals staying pending legal challenges to two key rulemaking actions by the former administration: the setting of...more
Interested parties—including businesses raising crops or animals on agricultural and ranch lands potentially impacted by PFAS in groundwater; entities operating wastewater treatment plants (WWTPs); and related interest groups...more
"Forever chemicals," continue to make headlines and are rapidly becoming a focal point of state and federal regulations, as well as environmental, product and personal injury litigation. These persistent chemicals called per-...more
On January 14, 2025, EPA released for public comment its Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS). This draft risk assessment evaluates potential human...more
On January 3, 2025, EPA issued a press release announcing that nine additional PFAS had been added to the Toxics Release Inventory (TRI) for Reporting Year 2025. These nine PFAS were automatically added to the TRI pursuant to...more
On December 5, 2024, CARB issued an Enforcement Notice discussing its enforcement standards for 2026 climate reporting under SB 253, and recognizing that “companies may need some lead time to implement new data collection...more
CalRecycle, the agency overseeing California’s recycling and waste management programs, reports that Californians dispose of 1.2 million tons of textiles annually, accounting for 3% of landfilling. California Senate Bill (SB)...more
On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid...more
Compliance with AB 1305, the Voluntary Carbon Market Disclosures Act (Health & Safety Code sections 44475 – 44475.3), is mandatory for certain entities, but there is still no official date for initial disclosures under AB...more
On November 29, 2024, EPA issued a supplemental proposed rule to update significant new use rules (SNURs) previously proposed for 17 PFAS under Section 5 of the Toxic Substances Control Act (TSCA). A SNUR creates a...more
On December 6, 2024, OEHHA announced that amendments to the Prop 65 safe-harbor warning regulations have been approved and finalized. The amendments will be effective on January 1, 2025, and will allow Prop 65 warnings to...more
California Senate Bill (S.B.) 707, the Responsible Textile Recovery Act of 2024, was signed by Gov. Gavin Newsom on Sept. 28 and is the first extended producer responsibility (EPR) law specific to textiles in the...more
On November 14, 2024, the Biden-Harris Administration announced the release of EPA’s third annual progress report on EPA’s PFAS Strategic Roadmap, and the report indicates a growing focus on PFAS-related enforcement and...more
If the first two waves of PFAS litigation focused on impacts to natural resources—namely groundwater—and personal injury claims alleging exposure to PFAS, the third wave of PFAS litigation has certainly arrived.
Originally...more
11/26/2024
/ Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Corporate Counsel ,
Environmental Litigation ,
Manufacturers ,
Negligent Misrepresentation ,
PFAS ,
Proposition 65 ,
Reporting Requirements ,
Supply Chain ,
Toxic Substances Control Act (TSCA)
On October 8, 2024, the EPA proposed adding 16 individual and 15 categories of PFAS to the Toxics Release Inventory (TRI) list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act...more