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The looming BPS warning deadline, Chris Rendall-Jackson

On December 29, 2023, OEHHA listed bisphenol S (BPS) under Prop 65 as a chemical known to the State of California to cause female reproductive toxicity. In its Evidence on the Female Reproductive Toxicity of Bisphenol S,...more

CalRecycle Publishes Updated Covered Material Categories List As Part of California’s EPR Law

On July 1, 2024, CalRecycle published an updated list of covered material categories as required by California’s extended producer responsibility (EPR) law. SB 54 was signed into law by Governor Newsom in June 2022 and...more

Preliminary injunction issued regarding enforcement of Prop 65 warning requirement for titanium dioxide in cosmetic and personal...

On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning...more

Fourth Circuit Affirms that Federal Courts Lack Jurisdiction to Review EPA Grant of Petition Under TSCA to Test Fifty-Four PFAS

On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances...more

Two Legal Actions Challenge New EPA Maximum Contaminant Levels (MCLs) for Six PFAS in Drinking Water

Two legal challenges have been filed in the D.C. Circuit Court of Appeals with respect to EPA’s April 10, 2024, final rule setting legally enforceable Maximum Contaminant Levels (MCLs) for six PFAS in drinking water...more

CalRecycle Issues RFP for SB 54 Disposal Facility-Based Material Characterization Study

On May 31, CalRecycle posted a Request for Proposal (RFP) for a Disposal Facility-Based Material Characterization Study pursuant to SB 54. SB 54 was signed into law by Governor Newsom in June 2022. Among other things, SB 54...more

Notice of Intent to Sue EPA Under TSCA Given Regarding PFOA in Fluorinated Plastic Containers

On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA). This notice...more

The Recent SB 343 Preliminary Findings Report: Recycling the Law of Unintended Consequences in California

SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or misleading claims about the recyclability of products and packaging. It sought to do so...more

Federal Legislation Passed to Support Airports’ Transition to PFAS-Free Firefighting Foams

On May 16, 2024, President Biden signed the FAA Reauthorization Act of 2024 (the “Act”), which includes two provisions supporting airports’ transition to PFAS-free firefighting foams. Section 762 of the Act, also known as the...more

OEHHA’s proposed NSRL is the latest chapter in Prop 65 regulation of titanium dioxide (airborne, unbound particles of respirable...

On May 10, 2024, OEHHA issued a notice of proposed rulemaking to adopt a Proposition 65 No Significant Risk Level (NSRL) for titanium dioxide (airborne, unbound particles of respirable size).  This chemical was listed as a...more

“All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024

On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...more

Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA?

Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of...more

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk

The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are...more

Fifteen California Cities and Water Districts File a Lawsuit on the Heels of EPA’s Announcement of MCLs for PFAS in Drinking Water

Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements...more

A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies

Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more

EPA Announces Enforceable Contaminant Levels for Six PFAS in Drinking Water

On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level...more

Still in the Line of Fire: CEQA Claim Challenging Firing Range Not Moot After Project Completion

In an opinion filed on March 29, 2024, the First District Court of Appeal found that a CEQA claim was not mooted by completion of a project to demolish an existing shooting range and to construct a new shooting range...more

OEHHA Adopts Public Health Goals for PFOA and PFOS in Drinking Water

The California Office of Environmental Health Hazard Assessment (OEHHA) has adopted public health goals (PHGs) for drinking water of 0.007 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and 1 ppt for...more

4/11/2024  /  Drinking Water , OEHHA , PFAS , Public Health

California's SB 903 Would Ban PFAS in Products Unless Determined a Currently Unavoidable Use

On February 21, 2024, State Sen. Nancy Skinner introduced SB 903 – the “Ending Forever Chemicals Act.” SB 903 follows in the footsteps of similar laws already passed in Maine and Minnesota, and, if passed, will prevent the...more

FDA Announces Voluntary Market Phase-Out of Grease-Proofing Substances Containing PFAS for Use in Food Packaging

On February 28, 2024, the FDA announced the complete cessation of sales of PFAS-containing grease-proofing materials for use in food packaging in the U.S. market. According to the FDA, the announcement was the culmination of...more

EPA Proposes Adding Nine PFAS As Hazardous Constituents Under RCRA

On February 8, 2024, EPA published a proposed rule that would list the following nine PFAS as hazardous constituents under the Resource Conservation and Recovery Act (RCRA): PFOA, PFOS, PFBS, HFPO-DA (also known as GenX),...more

Seven New PFAS Added to the Toxics Release Inventory for Reporting Year 2024

On January 9, 2024, EPA issued a press release announcing the addition of seven additional PFAS to the Toxics Release Inventory (TRI) for Reporting Year 2024. These seven PFAS were automatically added to the TRI for Reporting...more

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

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