News & Analysis as of

Toxic Exposure Comment Period

BCLP

More Changes Under Consideration For Prop. 65 Short-Form Warnings

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The California agency that administers Proposition 65 is considering further revisions to the regulations governing the use and format of the short-form warning....more

BakerHostetler

EPA Takes Next Step Toward New Formaldehyde Regulations

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On March 15, 2024, the United States Environmental Protection Agency (EPA) released the draft risk evaluation for formaldehyde for public comment and peer review. The draft risk evaluation was promulgated pursuant to EPA’s...more

Miller Nash LLP

Proposed Prop 65 Pose Increased Litigation Risks

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California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes to the short form warnings currently permitted by Proposition 65. These changes have the potential to greatly raise the cost of doing...more

Goldberg Segalla

Next On EPA’s Chopping Block: Trichloroethylene

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The Environmental Protection Agency has proposed a risk management rule as part of the Toxic Substances Control Act (TSCA) that would ban the production, processing and distribution of trichloroethylene (TCE) for all uses....more

Akerman LLP

EPA’s Proposed Rules Would Severely Limit PFAS Levels Permissible in Drinking Water

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Last month, the U.S. Environmental Protection Agency (EPA) published new proposed rules under the Safe Drinking Water Act that will severely limit the levels of certain substances of a man-made family of chemicals,...more

Holland & Knight LLP

EPA Publishes Proposed PFAS Drinking Water Regulation

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The U.S. Environmental Protection Agency (EPA) on March 29, 2023, published in the Federal Register its long-awaited proposal to regulate per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA)...more

Farrell Fritz, P.C.

Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

Farrell Fritz, P.C. on

On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging...more

Wiley Rein LLP

2BInformed: The Future of Fluoride in Drinking Water, the New TSCA Fees Rule, and the Drinking Water Contaminant Candidate List 5

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In this episode of 2BInformed, Erik Baptist and Charlotte Bertrand discuss the future of fluoride in drinking water, the TSCA Fees Rule, and the comment period for CCL5, in addition to providing an update on EPA’s imminent...more

Nossaman LLP

OEHHA Releases Long-Awaited Proposed Public Health Goals for PFOA and PFOS

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Yesterday, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals...more

Downey Brand LLP

Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen

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On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) released a Notice of Intent (NOI) to list perfluorooctanoic acid (PFOA) as a carcinogen under Proposition 65 via the Authoritative...more

Morgan Lewis

California Moves on PFOA, PFOS, and Other PFAS Under Proposition 65

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The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) recently took steps pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition...more

Perkins Coie

California Regulators Propose Tailored Proposition 65 Warnings for Cannabis Products

Perkins Coie on

On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced proposed regulations that would significantly affect the warning requirements for products that cause exposure to cannabis...more

Kelley Drye & Warren LLP

California Proposes to Minimize Use of Prop 65 Short-Form Warning

A popular option for satisfying Proposition 65 warning requirements, the so-called “short-form” warning, is likely to be significantly curtailed in light of a January 8th proposal from the California Office of Environmental...more

Hogan Lovells

California update: OEHHA extends comment period

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California’s Office of Environmental Health Hazard Assessment (OEHHA) is extending the public comment period for its proposal that lays out what constitutes a Proposition 65 exposure that would require warnings for listed...more

Seyfarth Shaw LLP

EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

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Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and...more

Ballard Spahr LLP

Pennsylvania Proposes PFAS Cleanup Standards

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Pennsylvania’s Environmental Quality Board (EQB) proposed an amendment to Act 2, Pennsylvania's Brownfield and voluntary cleanup program. ...more

Buchalter

CalEPA Draft Vapor Intrusion Guidance Released for Public Comment

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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

Seyfarth Shaw LLP

NDAttention – National Defense Authorization Act (NDAA) Adds Per- and Polyfluoroalkyl Chemicals to TRI

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Seyfarth Synopsis: On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law, including provisions for adding certain per- and polyfluoroalkyl substances (PFAS) to the EPA’s...more

ArentFox Schiff

Alerts Newsletter: This California Warning Might Cause Alarm – or Apathy

ArentFox Schiff on

The discussion about including the most commonly used drug in the US has once again raised questions about the value of Proposition 65 warnings to consumers. Environmental advocates say the law has compelled companies to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - December 2018 #2

Joint-Employer Extension. This week the National Labor Relations Board (NLRB) further extended the deadline for submission of comments in response to its proposed joint-employer rulemaking. Comments had been due on December...more

Lewitt Hackman

Prop 65: California May Change Up Chain of Commerce Responsibility

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Proposition 65, a/k/a the Safe Drinking Water and Toxic Enforcement Act of 1986, has been under fire since the law was first enacted....more

Downey Brand LLP

State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know

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Regulation of “toxicity” in the State of California has generally been following 3 State Water Resources Control Board (State Water Board) precedential decisions that require dischargers under an NPDES permit, which have a...more

Downey Brand LLP

OEHHA Proposes Amendments to Prop. 65 Reproductive Toxicity Sampling Requirements for Food Products; New Prop. 65 Regulations for...

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Last month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products. California’s Proposition 65, also known as...more

Hogan Lovells

Proposed OEHHA Regulation Declares No Significant Risk of Listed Proposition 65 Chemicals in Coffee

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On Friday, June 15th, the California Office of Environmental Health Hazard Assessment (OEHHA) announced a proposed regulation clarifying that exposures to Proposition 65 chemicals in coffee do not pose a significant cancer...more

Lewitt Hackman

Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements

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We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more

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