News & Analysis as of

Toxic Chemicals Compliance Regulatory Requirements

Farella Braun + Martel LLP

Legislation Banning “Forever Chemicals” in Food Packaging in California by 2028 Will Likely Become Law

The California Senate recently passed a bill, SB 682, that would essentially eliminate the use of per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in food packaging within the state, as of January...more

Shook, Hardy & Bacon L.L.P.

Material Concerns: Legal Updates on Substances of Emerging Concern

First effective in 2024, the Act bans the sale or distribution of various products that contain intentionally added PFAS chemicals. On January 1, 2026, as part of the product phase-out timeline, the new law bans the sale or...more

Bergeson & Campbell, P.C.

Prop 65 “Short Form” Warning Requirements — A Conversation with Lisa R. Burchi

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know...more

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

McGlinchey Stafford

EPA Grants Two-Year Extension on Coke Oven Air Toxics Compliance Following Industry Input

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more

K&L Gates LLP

EPA Provides Update on PFAS Drinking Water Standards

K&L Gates LLP on

On 14 May 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency’s plan to address the National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS)...more

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

PCB Bulk Product Waste Storage Timeframes: U.S. Environmental Protection Agency Response to Region 1 Request for Approval of...

The United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery issued a January 17th memorandum titled: Response to Region 1 Request Regarding PCB Bulk Product Waste Storage...more

King & Spalding

France Adopts a Law Banning PFAS in Cosmetics, Textiles, and Waxing Products

King & Spalding on

After several months of uncertainty due to amendments made by the Senate and the dissolution of the National Assembly shortly thereafter, France finally passed a law on February 27, 2025, aiming to reduce risks associated...more

K&L Gates LLP

Pest Practices: EPA Uses FIFRA to Adopt Additional Operational and Workplace Controls on Ethylene Oxide

K&L Gates LLP on

Having adopted stringent air emission controls on commercial sterilizers that use ethylene oxide (EtO), the Environmental Protection Agency (EPA) has now adopted further controls on workplace exposure to EtO, including...more

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

Use of Phosphogypsum/Small Scale Road Pilot Project: Center for Biological Diversity Files Federal Appellate Court Challenge to...

The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more

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

Landfill Leachate: New Hampshire Bill Proposes Requirement for Detailed Management Plan

House Bill 566-FN (“566”) has been introduced into the 2025 New Hampshire legislative Session addressing landfill leachate. 566 would require permit applications for new landfills in the state to contain a detailed plan...more

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

Transportation/Hazardous Materials; Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a January 10th interpretive Letter addressing the application of the Federal Hazardous Materials Regulations (“HMR”) to the combustible liquid...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

Fox Rothschild LLP

Litigation Over PFAS MCLs on Hold for Now

Fox Rothschild LLP on

A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...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

Beveridge & Diamond PC

Environmental Developments to Watch in California in 2025

Beveridge & Diamond PC on

As California remains at the forefront of environmental progress and regulation, 2025 will usher in pivotal developments in state-level policies addressing product stewardship, contaminants of concern, climate change, mobile...more

Womble Bond Dickinson

FDA Sets Action Levels For Lead

Womble Bond Dickinson on

A year ago, the FDA issued draft guidance for lead levels in baby foods. In the year since the FDA issued its draft guidance for lead levels in baby food, two states, California and Maryland, have adopted laws which require...more

MG+M The Law Firm

EPA Argues PFAS Maximum Contaminant Levels Are Lawful and in Accordance With Statutory Procedure

MG+M The Law Firm on

On April 10, 2024, the United States Environmental Protection Agency (EPA or Agency) promulgated the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances...more

Stoel Rives LLP

New 2025 EPA Risk Management Rules on TCE, PCE, and CTC

Stoel Rives LLP on

The U.S. Environmental Protection Agency (“EPA”) recently enacted further restrictions for three chlorinated solvents – trichloroethylene (“TCE”), perchloroethylene (“PCE”) and carbon tetrachloride (“CTC”).  On December 17...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

Morrison & Foerster LLP

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

DLA Piper

Food and Beverage News and Trends - January 2025

DLA Piper on

FDA issues final guidance on lead in baby food. FDA has issued its Final Guidance on Action Levels for Lead in Processed Food Intended for Babies and Young Children as part of its Closer to Zero initiative to reduce dietary...more

MG+M The Law Firm

EPA Adds Nine Additional PFAS to the Toxics Release Inventory: Implications for Businesses and Communities

MG+M The Law Firm on

The US Environmental Protection Agency (EPA) has made a significant update to its Toxics Release Inventory (TRI)1, automatically adding nine per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to...more

ArentFox Schiff

Death Knell Sounds for PFAS-Containing Food Packaging Materials

ArentFox Schiff on

On January 6, the US Food and Drug Administration (FDA) published in the Federal Register a notice announcing its determination that 35 previously authorized Food Contact Notifications (FCNs) for food contact substances...more

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