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California DTSC Accepting Comments on the Use of BPA, Ortho-phthalates, and PFAS in Food Packaging as Part of Its Evaluations...

The California Department of Toxic Substances Control (DTSC) is moving forward with a process that may ultimately impose restrictions on the use of certain classes of chemicals in food packaging products under the Safer...more

12/18/2019  /  Chemicals , DTSC , PFAS , Toxic Chemicals

Compliance Deadline Approaching for California Cleaning Product Disclosures while New York Program Stalls

By January 1, 2020, the California Cleaning Product Right to Know Act (California RTK Act) will require manufacturers of certain covered cleaning products to make extensive ingredient disclosures on their company websites. By...more

California’s Ambitious Plastics Bill Stalls; Minimum Recyclable Content Requirements for Plastic Bottles Passes State Legislature

The California State Legislature’s 2019 legislative session concluded this month without a final vote on the session’s highest-profile recycling legislation: the Circular Economy and Pollution Reduction Act (AB 1080/SB 54)....more

9/27/2019  /  Plastics , Recycling , Waste Management

California Proposes Amendments to Air Cleaner Regulation

On June 3, 2019, the California Air Resources Board (CARB) held a public workshop in preparation for its plans to initiate rulemaking later this year to amend its regulation on indoor air cleaning devices. In advance of...more

California Department of Toxic Substances Control Proposes Regulation Classifying Discarded Solar Panels as Universal Waste

The California Department of Toxic Substances Control (DTSC) has proposed regulations that would allow discarded photovoltaic (PV) modules (commonly referred to as solar panels) to be managed as universal waste. The proposal...more

Cleaning Product Manufacturers Gear Up for Compliance with State Ingredient Disclosure Laws

Over the next year, California and New York will begin phasing in requirements for manufacturers of cleaning products – including household cleaners, as well as and clothes and dish detergents – to make extensive ingredient...more

California Enacts Broad Prohibitions on Flame Retardant Use

California Governor Jerry Brown has signed into law Assembly Bill (“A.B.”) 2998, restricting the sale of flame retardant-containing children products and furniture. Effective January 1, 2020, A.B. 2998 prohibits any person...more

New California Proposition 65 Warning Regulations Take Effect August 30th

In less than two months the safe harbor warning regulations for California’s Proposition 65 will be amended and operative, ending a two-year phase in period. As we have covered previously, the California Office of...more

California Approves New Amendments to Proposition 65 Safe-Harbor Regulations

The California Office of Environmental Health Hazard Assessment (OEHHA) announced on December 6, 2017 that the state had approved new amendments (Final Amendments) to the Proposition 65 Clear and Reasonable Warning...more

States Continue to Enact Chemical Legislation in 2017

State legislatures have been relatively active on chemical and material regulations in 2017. As previously reported here, at least 51 bills to regulate chemicals were introduced across the country’s state houses in 2017. ...more

OEHHA Attempts to Clarify New Proposition 65 Clear and Reasonable Warning Regulations by Issuing Guidance and Proposed Amendments

On August 30, 2016, the California Office of Environmental Health Hazard Assessment (“OEHHA”) repealed and readopted Article 6 of Title 27 of the California Code of Regulations, which sets forth the method and content deemed...more

TCFD Report Will Shape Future Expectations for Climate-Related Financial Disclosures

On June 29, 2017, the Task Force on Climate-Related Financial Disclosures (TCFD or Task Force) released its Final Report providing recommendations on voluntary climate-related financial disclosures. The recommendations,...more

New Developments and Uncertainties for Conflict Minerals Disclosure

The Securities and Exchange Commission (SEC or Commission) Division of Corporate Finance issued a new statement adding some uncertainty to company obligations and enforcement exposure under the SEC conflict minerals rule...more

SEC Conflict Minerals Rule Faces New Scrutiny Ahead of May Filing Deadline

A flurry of activity on conflict minerals in recent months has added new uncertainty to the long-simmering debate over the future of U.S. conflict minerals reporting requirements. The U.S. Securities and Exchange Commission...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Standards for Composite Wood Products (the Standards)....more

New Proposition 65 Regulation Amendments Modify Clear and Reasonable Warning Requirements and Private Enforcement Settlement...

The California Office of Environmental Health Hazard Assessment (OEHHA) and the California Attorney General each adopted regulatory amendments to the Proposition 65 regulations at the close of August 2016. The OEHHA...more

Comment Period Closing July 21 on Possible Expansion of Environmental Sustainability Disclosure Requirements

Comments are due July 21, 2016 on a concept release published on April 22, 2016 by the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) on potential revisions to certain business and financial disclosure...more

OEHHA Issues Additional Modifications to Proposition 65 Article 6: Clear and Reasonable Warning Requirements

On March 25, 2016, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) released a Notice of Modification to Text of the Proposed Repeal and Adoption of a New Article 6 Clear and Reasonable Warning...more

OEHHA Issues Further Modification of Warning Website Regulations

On September 4, 2015, the California Office of Environmental Health and Hazard Assessment (“OEHHA”) provided notice of additional changes to its proposal to establish a website, operated by OEHHA, which would provide...more

D.C. Circuit Reaffirms Previous Conflict Minerals Decision: Disclosure Requirement Violates First Amendment

In a 2-1 decision, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit reaffirmed its previous decision striking down a narrow portion of the U.S. Securities and Exchange Commission’s (“SEC”) conflict...more

Nico van Aelstyn Serves as Co-Counsel in Lawsuit Seeking Expanded Civil Rights for Terminally Ill Patients in California

Yesterday, Nico van Aelstyn, a principal in Beveridge & Diamond’s San Francisco office, filed a lawsuit in the San Francisco Superior Court on behalf of plaintiffs seeking to clarify the ability of mentally competent,...more

Conflict Minerals: D.C. Circuit to Reconsider Conflict Minerals Ruling; Initiatives Proceed in the European Union and China

Recent developments in the U.S., European Union and China underscore the dynamic nature of evolving supply chain due diligence requirements and expectations for companies sourcing tin, tantalum, tungsten and gold. The...more

Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

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