News & Analysis as of

Hazardous Substances California

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Santa Ana, California Chemical Supplier Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Gallade Chemical, Inc. (“GCI”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the regulations implementing...more

Gordon Rees Scully Mansukhani

Wave of Enforcement Actions Initiated under California’s Prop 65 Targets Thermal Receipts at California Stores

In the first half of 2025, two private enforcers have targeted over 200 companies operating in the state for purported exposure to Bisphenol S (BPS) from retail store thermal receipts provided to customers in California. The...more

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern - June 2025

California microplastics case dismissed, MAHA Commission releases its report, federal PFAS priorities change, IARC classifies automotive gasoline, and more....more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Farella Braun + Martel LLP

The approaching warning deadline for vinyl acetate

On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell. In its Evidence on the Carcinogenicity of Vinyl...more

Farella Braun + Martel LLP

California Legislation Banning Wide Range of PFAS-Containing Products (SB 682) Moves Forward in Senate Committees

The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in...more

ArentFox Schiff

California Advances Bill to Ban Most PFAS Uses

ArentFox Schiff on

The California Senate Environmental Quality Committee passed California Senate Bill 682 aiming to ban the sale of products with intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) unless deemed to have...more

Morris, Manning & Martin, LLP

Ninth Circuit Finds Pollution Exclusion Creates Conflict Requiring Independent Counsel

The insureds were sued for alleged environmental contamination from the operation of a marine terminal and chemical storage facility. The claimants alleged that hazardous materials leaked from storage tanks over a fifty-year...more

ArentFox Schiff

Prop 65 Roundup - March 2025

ArentFox Schiff on

Top Legal Challenges for the Consumer Products Industry in 2025 - With 2025 underway, the AFS Consumer Products team highlights some of the most pressing legal issues facing the consumer products industry this year....more

Snell & Wilmer

Guide to the LA Fire Debris Removal Process

Snell & Wilmer on

The debris removal process for the LA fires is currently underway. The process is split into two phases, each managed by a different government agency. Phase One is managed by the United States Environmental Protection Agency...more

Allen Matkins

California Environmental Law & Policy Update 2.14.25

Allen Matkins on

The U.S. Army Corps of Engineers said Wednesday that it won’t order soil testing at properties damaged by the Eaton and Palisades fires after they have been cleaned by private federal contractors, breaking with a...more

Morrison & Foerster LLP - Class Dismissed

California Updates Prop 65 Short-Form Warning Requirements

On January 1, 2025, new regulations governing Proposition 65’s so-called safe-harbor warnings went into effect. Proposition 65 requires businesses that employ 10 or more persons to provide “clear and reasonable” warnings on...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q4 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA drafts recommended PFAS levels for water quality, California’s Department of...more

Buchalter

Proposition 65 Warning Regulations Revised, Including Widely-Used Short-Form Warning

Buchalter on

California’s Office of Environmental Health Hazard Assessment (“OEHHA”) has revised the regulations on “Safe Harbor” warning language effective January 1, 2025. While a business is not required to use these Safe Harbor...more

Sheppard Mullin Richter & Hampton LLP

Name That Chemical: California Adds New Requirement for Prop 65 Short-Form Warnings

Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Year-End Highlights: 2024’s Key Regulatory Changes, Legal Battles, and Enforcement Trends

As businesses and legal professionals strive to keep pace with California’s ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure...more

Morris, Manning & Martin, LLP

California Product Warnings Now Required For BPS

Proposition 65 warnings are now required for products containing BPS sold in California. BPS is one of several organic compounds known as bisphenols, which are chemical substances used in the production of plastics....more

Alston & Bird

Addition of Vinyl Acetate to Proposition 65 List

Alston & Bird on

The California Office of Environmental Health Hazard Assessment recently added vinyl acetate to the Proposition 65 list of carcinogens. Our Environment, Land Use & Natural Resources Group discusses what companies need to...more

Husch Blackwell LLP

California’s Proposition 65 Short-Form Warnings Now in Effect

Husch Blackwell LLP on

California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of proposed amendments to Proposition 65 in October 2023 that significantly modify the information businesses are required to provide in...more

Pillsbury - PFAS Observer

New York and California’s Restrictions on PFAS in Apparel Takes Effect

New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of...more

Kelley Drye & Warren LLP

New Target for Prop 65 Plaintiffs: Bisphenol-S

The New Year rings in with a likely wave of new enforcement actions under California’s Proposition 65 targeting Bisphenol-S (BPS), a popular substitute chemical for Bisphenol-A (BPA) which itself has been targeted by...more

Allen Matkins

California Environmental Law & Policy Update 12.6.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Wednesday issued a new regulation preventing per- and polyfluoroalkyl substances, commonly known as PFAS, from being approved through low volume exemptions — abridged reviews...more

Allen Matkins

California Environmental Law & Policy Update 11.22.24

Allen Matkins on

In a settlement approved by the San Diego Regional Water Quality Control Board on November 13, the City of Oceanside agreed to pay a $1.5 million fine for two separate spills that sent raw sewage into the Buena Vista Creek...more

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