In recent years, "forever chemicals," otherwise known as PFAS, have been extensively discussed in the scientific community and reported on by the media. And as the notoriety of PFAS grows, regulation of these widespread...more
On March 30, 2021, a federal court granted the California Chamber of Commerce's preliminary injunction to temporarily bar the California Attorney General and any private litigants from filing any new Proposition 65 lawsuits...more
On March 30, 2021, a federal court granted the California Chamber of Commerce's (CalChamber) preliminary injunction to temporarily bar the California Attorney General and any private litigants from filing any new Proposition...more
This month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed substantial changes to Proposition 65’s short-form warning requirements....more
On July 17, 2020, a California federal judge denied the last remaining challenge made by the Trump Administration to California's cap-and-trade program agreement with the Canadian province of Quebec. ...more
Cleaning products manufacturers have less than two months to meet new California online disclosure requirements going into effect on January 1, 2020....more
A reminder that new Prop 65 regulations become effective the end of this month and some key changes may directly affect online on-product warnings, internet sales, catalog sales and even on-TV sales. ...more
What meets the standard today may not meet the standard in 12 weeks. On August 30, 2018, California’s “safe harbor” Proposition 65 warnings are changing, increasing the information needed for those warnings and imposing...more
From 2013 through 2015 investigators checked trash dumpsters from Home Depot stores. Based on what they found, the California Attorney General and various District Attorneys (collectively the “State”) brought a claim with...more
California’s old Proposition 65 warnings, which have been in place since 1986 are about to get a facelift – under newly adopted regulations by the Office of Environmental Health Hazard Assessment (OEHHA), what was once “clear...more
On October 10, 2017, EPA announced it is taking steps to repeal the Clean Power Plan (CPP), regulations put in place in 2015 which requires existing power plants to roll back their CO2 emissions by 2030. EPA is taking the...more
Yesterday, EPA announced its first proposed ban of a new chemical under the amended TSCA (Frank R. Lautenberg Act, Pub. L. No. 114-182 (2016)), which, among other changes, mandated EPA risk assessments of all high-priority...more
EPA has released an interim final rule with penalty adjustments mandated by a new law (“Interim Rule” or “Rule”). Most importantly, the “catch up” adjustments under the Interim Rule carry quite a wallop for those subject to...more
California Governor Jerry Brown signed Senate Bill 32 last week codifying into law his office’s emission reduction goal of cutting greenhouse gas emissions to 40% below the 1990 level by 2030. By signing this bill, Governor...more
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act) which amends the core provisions of the Toxic Substances Control Act (TSCA), an environmental law...more
Last year the State of California added Bisphenol A (BPA) to its list of chemicals known to cause cancer or reproductive harm under Prop 65 [the Safe Drinking Water and Toxic Enforcement Act of 1986], a law which requires...more
What you put in the trash can cost you a fortune. Regulators are increasingly interested in companies’ disposal practices and are initiating investigations and enforcement actions. The “dumpster dives” form the basis of a...more
The U.S. EPA formally published the final version of the Obama Administration’s Clean Power Plan on Friday, October 23, an action which starts a 60 day period within which to challenge the rule. On the same day, 26 challenges...more
10/27/2015
/ Clean Air Act ,
Clean Power Plan ,
Compliance ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Implementation Plans (FIP) ,
Greenhouse Gas Emissions ,
Mercury ,
Obama Administration ,
SIP
The fact that California is suffering its fourth year of drought conditions is not a new story — how the State should address this water shortage is the subject of much debate. The California State Water Resources Control...more
In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly...more
Beginning July 1 of this year, there’s a new program in town! A new general industrial stormwater permit kicks in in California. Companies with an existing stormwater permit will have to apply for a new permit, and prepare a...more
On Monday March 2, the California Supreme Court handed down a decision allowing a Berkeley home builder to use an exemption from detailed environmental assessment under the California Environmental Quality Act (“CEQA”) in its...more
EPA has a lot to consider in finalizing its rule directing states to create programs to reduce greenhouse gas (GHG) emissions from fossil fuel fired electric generating units. The public comment period on a recently proposed...more
The California Air Resources Board (CARB) released the results from the first California CO2 emissions allowance auction held last week. CARB’s initial assessment is that the auction was a success. It went off without any...more
California holds its first Cap and Trade Allowances auction on Wednesday November 14, 2012. Some see this as a make-or-break time, the test case to see if a Cap and Trade program for greenhouse gas emission allowances can get...more
11/13/2012