US EPA is taking action to designate two of the most common per- and polyflouroalkyl substances (PFAS) as hazardous substances under CERCLA, also known as Superfund. This action is part of EPA’s PFAS Strategic Roadmap, a...more
OEHHA is proposing a significant change to the Proposition 65 “short-form warning” to require that this warning identify a specific Proposition 65 (“Prop. 65”) chemical. Currently, the short-form warning requires...more
When Potentially Responsible Parties (PRPs) settle CERCLA cases, they want finality. They don’t expect to be asked to pay a second time for a claim they have already resolved by settlement. However, a concurring opinion in a...more
A ban on the sale of nondurable food packaging in California containing PFAS chemicals goes into effect on January 1, 2023, which is now less than four months away. The ban was contained in Assembly Bill 1200, which was...more
By now, readers likely are familiar with the series of “retail hazardous waste” enforcement actions being brought across the state of California. For several years, various retailers have been targeted for coordinated,...more
California has a long history of enacting laws regulating plastic packaging, dating back to the Rigid Plastic Packaging Container law in 1991, a law many manufacturers only learn about when they receive a notice from the...more
UPDATE: At the time Buchalter published its client alert regarding the new ASTM Standard for Phase I Environmental Site Assessments (Phase I ESAs), we noted that the new ASTM Standard would not be considered “All Appropriate...more
The Warehouse Indirect Source Rule requires some warehouse operators to begin collecting compliance information starting July 1, 2021.
The “Warehouse Indirect Source Rule,” adopted by the South Coast Air Quality...more
The State Water Resources Control Board (“SWRCB”) approved the much-debated General Waste Discharge Requirements for Winery Process Water (“Winery Order”) on January 20, 2021. Although the official version of the approved...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed sweeping changes to the popular “short-form” Proposition 65 warning. On January 8, 2021, OEHHA issued a proposal to amend Article 6 “Clear and...more
On September 1, the California legislature sent to the Governor amendments to California’s Hazardous Waste Control Law. Once signed by the Governor, AB 2920 will allow retail hazardous waste to be shipped on a “consolidated...more
On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup. In...more
Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity. The lack of a consistent message from elected...more
Guidance Increases Uncertainty for Restoring Brownfields -
The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more
2/18/2020
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Contaminated Properties ,
Department of Toxic Substances Control ,
Groundwater ,
Hazardous Substances ,
Public Comment ,
Regulatory Agencies ,
Toxic Exposure ,
Vapor Intrusion ,
Vapor Intrusion Guidance ,
Water Resources Control Board
Effective January 1, 2020, every business seeking a new or renewed business license in California must prove it is registered under the State’s General Permit for Storm Water Discharges Associated with Industrial Activities...more
On January 1, 2020, the website disclosure requirements of the California Cleaning Product Right to Know Act of 2017 become effective. By that date, “manufacturers” of “designated” products are required to post on their...more
California’s “Proposition 65” requires manufacturers and others in the chain of distribution to warn consumers before causing them to be exposed to a list of almost 900 chemicals “known to the State of California to cause...more