After October 31, 2026, the distribution in commerce of articles containing PIP (3:1) will be prohibited. Affected companies must phase out the production of PIP (3:1) articles and sell or otherwise remove current inventory....more
Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...more
The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives.
The next filing deadline is November 30, 2020 and requires the submission...more
A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides.
It further affirmed that FIFRA does not...more
A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment.
The Court reviewed the constitutionality...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals.
Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
6/12/2020
/ Amicus Briefs ,
California ,
Cancer ,
Chemicals ,
Environmental Protection Agency (EPA) ,
FIFRA ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Monsanto ,
Pesticides ,
Popular ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Warning Labels
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles.
- EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more
2/28/2020
/ Enforcement Actions ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Imports ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Risk Mitigation ,
Rulemaking Process ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver.
EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
10/1/2019
/ Administrative Authority ,
Antitrust Investigations ,
Automotive Industry ,
California Air Resources Board ,
Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Legislative History ,
Multi-Party Litigation ,
NHTSA ,
Pending Litigation ,
Popular ,
Preemption ,
Public Comment ,
Regulatory Agenda ,
Regulatory History ,
Trump Administration ,
Waivers ,
Zero-Emission Vehicles
U.S. environmental authorities, concerned about the prevalence of PFAS, are considering and taking steps to restrict usage, potentially affecting a wide variety of products and processes, and to require owners and operators...more
On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.”
This...more
On June 13, 2016, the Ninth Circuit held that a party which has settled its liability pursuant to a CERCLA section 1071 cost recovery claim may recover any response costs not covered by the settlement under CERCLA section...more