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California Takes Three New Steps Under Its Green Chemistry Initiative

California has taken three more important steps to implement its Green Chemistry Initiative. Also known as the Safer Consumer Products (SCP) Program, the state seeks to supplement federal regulations to regulate and encourage...more

California Proposes Next Group of Priority Products (PFASs in Carpets and Rugs) Under Its Green Chemistry Initiative

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product. On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion...more

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP...more

Full Disclosure: New Labeling for Cleaning Products

On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017 (the “Act”). The Act requires manufacturers of most cleaning products sold in...more

Consumer Product Update - California's Green Chemistry Initiative Looks for New Products to Regulate

On October 6, 2017, the California Department of Toxic Substances Control (DTSC) announced it is seeking public comment on its new 2018-2020 Priority Product Work Plan (Work Plan) under its Safer Consumer Products (SCP)...more

California Adopts First Green Chemistry Regulations for Children’s Nap Mats and Provides Important Guidance for Its Alternatives...

California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer...more

California Adds New Priority Consumer Product for Green Chemistry Regulation

California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing...more

California Issues New Guidance for Alternatives Analysis for Safer Consumer Products

California’s Green Chemistry Initiative has taken another step forward with proposed guidance on how to perform the required “alternatives analysis” by manufacturers of certain consumer products sold in the state. The...more

WARNING: California Adopts New Proposition 65 “How to Warn” Rules

Last Friday, the state published the first major changes to the Proposition 65 regulations in more than a decade. The sweeping changes rewrite the “safe harbor” warning regulations and, in doing so, create a new set of...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

California Unveils Its First Green Chemistry Regulations for Children’s Foam-Padded Sleeping Products with Fire Retardants

Following up on the breakthrough amendments to the federal Toxic Substances Control Act (TSCA), California has reasserted its intention to proceed with its Green Chemistry Initiative to require substitution of safer chemicals...more

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

Federal Toxics Law Grows Up: Congress Strengthens the Toxic Substances Control Act

OVERVIEW - President Obama has signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA) for the first time since it was enacted in 1976. The compromise...more

Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products

California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products. On September 24, 2015, the...more

California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030

On April 29, 2015, California’s Governor Jerry Brown issued an executive order to set a new interim target for reducing the state’s emissions of greenhouse gases (GHGs) to 40 percent below 1990 levels by 2030. In March 2015,...more

California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation

California’s Green Chemistry Initiative continues to build momentum. On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017...more

Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry...more

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al. that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

California Announces First Consumer Products Subjected to New Green Chemistry Rules

Today, the California Department of Toxic Substances Control (DTSC) announced its highly anticipated list of the first products and chemicals to be evaluated under the state’s innovative Safer Chemical Product regulations....more

3/14/2014  /  Chemicals , DTSC , Green Chemistry

Lead Paint Companies Hit With Billion Dollar Judgment in California Public Nuisance Case

In a decision with potentially far-reaching impacts, a California state court has ordered three major paint companies to pay $1.15 billion to clean up lead paint in homes throughout California. People v. Atlantic Richfield...more

California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this...more

Toxics in Consumer Products: California Implements Safer Consumer Product Regulations

Today, California’s Safer Consumer Product Regulations became law as the state’s latest attempt to regulate the chemical composition of a broad range of consumer products. The regulations contain detailed procedures to...more

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more

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