On July 1, 2024, CalRecycle published an updated list of covered material categories as required by California’s extended producer responsibility (EPR) law. SB 54 was signed into law by Governor Newsom in June 2022 and...more
On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances...more
Two legal challenges have been filed in the D.C. Circuit Court of Appeals with respect to EPA’s April 10, 2024, final rule setting legally enforceable Maximum Contaminant Levels (MCLs) for six PFAS in drinking water...more
On May 31, CalRecycle posted a Request for Proposal (RFP) for a Disposal Facility-Based Material Characterization Study pursuant to SB 54. SB 54 was signed into law by Governor Newsom in June 2022. Among other things, SB 54...more
On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA). This notice...more
SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or misleading claims about the recyclability of products and packaging. It sought to do so...more
On May 16, 2024, President Biden signed the FAA Reauthorization Act of 2024 (the “Act”), which includes two provisions supporting airports’ transition to PFAS-free firefighting foams. Section 762 of the Act, also known as the...more
On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS...more
On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more
4/29/2024
/ CERCLA ,
Clean-Up Costs ,
Contamination ,
Due Diligence ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Liability ,
PFAS ,
Public Health
The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are...more
Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements...more
Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive...more
On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level...more
The California Office of Environmental Health Hazard Assessment (OEHHA) has adopted public health goals (PHGs) for drinking water of 0.007 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and 1 ppt for...more
On February 21, 2024, State Sen. Nancy Skinner introduced SB 903 – the “Ending Forever Chemicals Act.” SB 903 follows in the footsteps of similar laws already passed in Maine and Minnesota, and, if passed, will prevent the...more
On February 28, 2024, the FDA announced the complete cessation of sales of PFAS-containing grease-proofing materials for use in food packaging in the U.S. market. According to the FDA, the announcement was the culmination of...more
The CEQA process can be daunting, but being appropriately informed by a knowledgeable guide will create opportunity and cost savings throughout the life of a project. Participate in this dynamic discussion and gain insights...more
California is a leader on plastics reduction, passing legislation regulating recyclability and sustainability claims, promoting the use of recycled materials, and preventing plastics pollution. In particular, two new laws...more
On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted, updated – and significantly changed – thresholds of significance under the California Environmental Quality Act (CEQA) for determining when a...more
Proposition 65 requires “clear and reasonable” warnings in California for products containing chemicals on the State’s list of substances causing cancer and/or reproductive toxicity. As of January 2021, THC is a listed...more
2/26/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Continuing Legal Education ,
Dispensaries ,
Distributors ,
Hemp ,
Hemp Related Businesses ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Violation ,
Proposition 65 ,
Retailers ,
Warning Labels ,
Webinars
California’s regulatory framework for cannabis and hemp-derived products, including CBD, continues to evolve, most recently via updated Proposition 65 warning requirements that came into full effect Jan. 3, 2021. As of that...more
2/25/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Enforcement Actions ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
Notice of Violation ,
Proposition 65 ,
Safe Harbors ,
Warning Labels
Updated Proposition 65 warning requirements for cannabis products came into effect on January 3, 2021. As of that date, anyone offering for sale cannabis products in California—including hemp-derived CBD products—must provide...more
In support of California’s efforts to investigate and evaluate the presence of per- and polyfluoroalkyl substances (PFAS) in the environment, the San Francisco Bay Regional Water Quality Control Board (Regional Board) has...more
In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality...more
6/5/2020
/ CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Contamination ,
Drinking Water ,
PFAS ,
Property Owners ,
Regulatory Standards ,
State Water Boards ,
Toxic Chemicals ,
Water ,
Water Supplies
In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more
5/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States