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PFAS: all signs point to more regulation and enforcement in 2018

Once hailed as miracle compounds for their unique ability to repel oil, fire and water, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) (collectively, perfluoroalkyl substances or PFAS) are now regarded...more

More than just new warnings: important changes in Prop 65 liability allocation take effect August 2018

Companies that sell products, foods or beverages in California or that manufacture, supply or distribute products sold in California should review important new Proposition 65 regulations carefully and be sure to examine...more

California hazardous waste facility permitting will get harder: cost… unknown

Permitted California hazardous waste facilities (HWFs) take note: the California Department of Toxic Substances Control (DTSC), which regulates HWF activities, has proposed significant changes to the HWF permitting process....more

Climate change liability? The escape of the salmon

Many industries are increasingly concerned with predicting the damage that climate change will cause to people, business and the environment. And businesses are asking themselves a related question: what can be done to...more

Ninth Circuit: defense contractors need not shoulder wartime cleanups alone

A recent decision of the Ninth Circuit Court of Appeal rejected a lower court finding that the US government had no responsibility for cleaning up site contamination arising, in part, from work done to support the...more

Developers and businesses take note: as the feds roll back wetland regulation, California is stepping in

Land developers, commercial property owners and industrial entities should closely watch the major shifts in the ways significant wetland habitats are regulated, as the Trump Administration strips away relevant federal...more

EPA's Superfund Task Force recommendations: takeaways for those involved in cleanup

EPA's Superfund Task Force has completed a review of the 1,300 Superfund sites across the country and, as directed by EPA Administrator E. Scott Pruitt, made recommendations on how to improve and restructure the cleanup...more

The future of environmental enforcement? Petition dismissed in Southern California Alliance Of Publicly Owned Treatment Works v....

A new decision in the Ninth Circuit Court of Appeals gives new influence to objection letters sent by the US Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to...more

WARNING: OEHHA amends California Proposition 65 requirements for "clear and reasonable warnings": next steps

The California Office of Environmental Health Hazard Assessment (OEHHA) has introduced the final amendments to the "clear and reasonable warnings" required by Proposition 65. This unique California law, in relevant part,...more

The UNFCCC Paris agreement: impressions from the negotiating table for the energy sector – and 10 key points about what comes next

One hundred ninety-five nations and the EU have approved the Paris Agreement, an unprecedented climate change accord that provides a broad framework for reducing global warming through international cooperation, adapting to...more

Product Liability Alert: Changes to California Prop. 65 Warning Requirements May Create New Pitfalls for Consumer Businesses – Key...

California’s Proposition 65 requires businesses to provide “clear and reasonable” warnings when they “expose” Californians to listed chemicals identified by the state to cause of cancer or reproductive harm (currently, over...more

California’s Green Chemistry Initiative: “Work Plan” basics and the 7 product categories – 3 action steps

California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work Plan on the...more

California court certifies unlikely class – will it redefine the class action landscape?

In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class...more

"Company Doe" wins challenge but loses anonymity - ruling makes it tougher for companies to confront erroneous online claims

A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents, revealing the identity of a manufacturer that claims it was falsely implicated in a consumer report....more

Warning – California proposes major changes for Proposition 65 warnings: take part in the process

The California agency that implements Proposition 65 – perhaps the nation’s highest-profile consumer product toxics law – has proposed far-reaching changes to the now-familiar warnings required under that statute. ...more

California Green Chemistry Initiative’s coming Priority Products list, and the DTSC Strategic Plan: what do they mean for you?

The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of Priority Products that will be first in the spotlight for chemical regulatory scrutiny,...more

California’s Governor Brown earmarks funds for Prop 65 regulations but the threat of unnecessary litigation remains

California’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, finally has the attention of legislators and the governor’s office and is undergoing key changes. ...more

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