News & Analysis as of

Toxic Chemicals

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Recording Available From “Chemical Regulation In 2018: A Sneak Preview Of Things To Come” Webinar: A recording is now available of “Chemical Regulation in 2018: A Sneak Preview of Things to Come,” the...more

Upcoming EPCRA Tier II Reports Must Use New Hazard Classifications

by Williams Mullen on

Manufacturers and large scale users of hazardous chemicals know the significance of March 1st. The Emergency Planning and Community Right-To-Know Act (EPCRA) requires facilities where hazardous chemicals were present above...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Beyond Licensing: Prop 65 Liability Risks for California Cannabis Companies

California has finally ushered in the era of state-licensed cannabis, and cannabis is now a commercial product much like any other (well, at least in the state’s eyes). Forward-thinking companies will not rest on their...more

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

by Morrison & Foerster LLP on

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

Known to the State of California to Cause Cancer or Reproductive Harm – What is Proposition 65 and What You Need to Know

by Cozen O'Connor on

A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop. 65”). Prop. 65 seeks to protect...more

Igniting Awareness About Flammable Chemicals

by Howard Ankin on

According to the Occupational Safety & Health Administration (OSHA), flammable liquids and chemicals in the workplace increase the potential injury risks for workers. Flammable liquids are capable of igniting flash fires and...more

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

by Lewitt Hackman on

Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

by Best Best & Krieger LLP on

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more

California Issues Clarifications to Proposition 65 Regulations Going into Effect Next Summer

by Husch Blackwell LLP on

On December 6 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice indicating the approval of amendments to Proposition 65’s “clear and reasonable warnings” regulations. OEHHA issued...more

Save the Date: August 30, 2018 - Deadline to Comply with Updated California’s Proposition 65 Warning Regulations

by Reed Smith on

When the California Office of Environmental Health Hazard Assessment (OEHHA) published updated warning regulations under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as Proposition...more

California Environmental Law & Policy Update - January 2018 #3

by Allen Matkins on

Focus - Plans for new dams and reservoirs in California hit hurdle - East Bay Times - Jan 18 The staff of the California Water Commission (Commission) on Thursday announced that nearly half of the eleven applications it...more

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

California Grocer: Brewing Debate in California Proposition 65 Coffee Action Coming to a Close

by Downey Brand LLP on

For the past six years, a collection of coffee brewers and retailers have been embroiled in a legal battle with Council for Education and Research on Toxics (CERT) over whether certain coffee products sold in California must...more

2018 Corporation Compliance & Litigation Outlook for Manufacturers

Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation....more

WARNING: Prop 65 Has Changed – If Your Product Is Sold In California Or You Do Business In California, Pay Attention

What is Prop 65? - Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more

Food and Beverage News and Trends

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Inspector general criticizes FDA food recall procedures - On December 26,...more

Prop 65: 9 chemicals added to California’s list for required warnings

by Thompson Coburn LLP on

During 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added nine compounds to its list of chemicals that product manufacturers are required by law to disclose to consumers. The disclosure...more

A Federal Court Gets Opportunity to Weigh In on Prop 65 With a Little Help from Some Friends

Much of the recent discussion regarding Prop 65 has been focused on the regulatory changes going into effect in August of 2018. And that makes sense since there will be significant changes to the warnings, responsibility, and...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

Hazardous Waste Enforcement: Arkansas Department of Environmental Quality and Union County, Arkansas Chemical Manufacturing...

The Arkansas Department of Environmental Quality (“ADEQ”) and The Chemours Company FC, LLC (“Chemours”) entered into a December 8th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution...more

Toxics Release Inventory/Community Right-To-Know: U.S. Environmental Protection Agency Final Rule Adopting 2017 North American...

The United States Environmental Protection Agency (“EPA”) issued a December 26th Federal Register notice adopting a final rule addressing Section 313 of the Emergency Plan and Community Right-To-Know Act (“EPCRA”) Toxics...more

Certified Regulatory Programs Must Comply with CEQA’s Policies and Substantive Standards

by Perkins Coie on

A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...more

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

by DLA Piper on

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

Food and Beverage News and Trends - December 2017

by DLA Piper on

FDA terminates its food advisory committee. - The FDA announced December 12 that it will discontinue its Food Advisory Committee, effective immediately. The agency said the committee, established in 1992, had held only a...more

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