News & Analysis as of

Toxic Chemicals Enforcement

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

Kilpatrick

PFAS “forever chemical” cases: allegations dependent on testing must plausibly support theory of liability

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Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more

Farella Braun + Martel LLP

The Proposition 65 Compliance Deadline for Vinyl Acetate is Fast Approaching

Starting on Jan. 3, 2026, warning requirements for vinyl acetate can be enforced under California’s Proposition 65, which is commonly referred to as “Prop 65.” The California agency charged with implementing Prop 65, the...more

Alston & Bird

PFAS Primer Quarterly Update | 2025 Q2 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA rethinks MCLs, more states prohibit new PFAS products, and ongoing discharge...more

Buchalter

A Summer Surge in Proposition 65 Notices of Violation- Bisphenol S (BPS) in Receipts, UPC Stickers and Thermal Labels - Are Your...

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California Proposition 65 (formally the Safe Drinking Water and Toxic Enforcement Act of 1986) (“Prop. 65”) enforcement is hot—and this time, the spotlight is on Bisphenol S (BPS), a chemical often used in thermal receipt...more

Allen Matkins

California Environmental Law & Policy Update 7.11.25

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The Trump administration will uphold a Biden-era ban on the ongoing use of asbestos after previously saying it would reconsider the rule. The rule requires companies to phase out their use of chrysotile asbestos, which is the...more

Robinson+Cole Environmental Law +

Administrators May Change, But PFAS Is Forever: EPA Announces PFAS Plan

The U.S. Environmental Protection Agency (EPA), under Administrator Lee Zeldin, has unveiled its anticipated strategy for addressing the pervasive issue of per- and polyfluoroalkyl substances (PFAS), often referred to as...more

Warner Norcross + Judd

PFAS Regulatory Landscape Continues to Shift: EPA Announces Major Actions and State PFAS Bans Grow

Last week the EPA announced a broad array of agency objectives regarding per‑ and polyfluoroalkyl substances (PFAS) regulation. Although the agency’s announcement was sparing on details, it provides a few key indicators...more

MG+M The Law Firm

New Mexico Acts on PFAS: Governor Signs Bills to Shift Remediation Costs and Ban Toxic Chemicals

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On April 8, 2025, New Mexico Governor Michelle Lujan Grisham signed and thereby enacted House Bill 140 and House Bill 212, which are designed to address per- and polyfluoroalkyl substances (PFAS) contamination across New...more

Allen Matkins

California Environmental Law & Policy Update 2.14.25

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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

Morrison & Foerster LLP - Class Dismissed

EPA’s PFAS Enforcement Plan Advances As Two PFAS Reporting Requirements Set To Go Into Effect

EPA Adds Nine New PFAS to List of Chemicals Subject to Toxic Chemical Release Reporting Under the Emergency Planning and Community Right-to-Know Act and The Pollution Prevention Act On January 6, 2025, the EPA published a...more

Bond Schoeneck & King PLLC

NJDEP Amends Ground Water Quality and Remediation Standards

On Feb. 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) amended the Ground Water Quality Standards (GWQS) promulgated at N.J.A.C.7:9C, significantly changing the ground water quality criteria and/or...more

Beveridge & Diamond PC

The Citizens Are Coming: Citizens Groups Are Better Funded Than Ever and Will Take Over Where Biden Left Off

We expect newly-confirmed U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin to quickly follow through on President Trump’s promises to draw down federal enforcement efforts, particularly in the arena of air...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

Tonkon Torp LLP

Oregon Polystyrene Ban Now in Effect

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In 2023, the Oregon legislature passed Senate Bill 543, which bans many uses of polystyrene foam (commonly known by its brand name, Styrofoam) in the state. On January 1, 2025, that bill formally went into effect. The law has...more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Thermal, California Mobile Home Park Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the federal Environmental Protection Agency (“EPA”) entered into a January 16th Consent Decree (“CD”) with the operators of the Oasis Mobile Home Park (“Park”) for...more

Holland & Knight LLP

Impacts of a Trump EPA on Chemical Transporters' Reliance on In-Transit Exemptions

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The global bulk chemical shipping industry relies on chemical transportation depots to be responsive to market demands by temporarily holding trailers and containers of chemical products en route to their final destinations...more

Cozen O'Connor

Democratic AGs Pour Support into Limiting PFAS in Drinking Water

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A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in American Water Works Association v. EPA (No. 24-1188) supporting the EPA’s defense of its Final Rule establishing...more

Conn Maciel Carey LLP

New U.S. Chemical Safety Board Tool

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On Tuesday, January 14, the CSB announced a new “incident report” tool, calling it a “new safety product to provide the public with more information about serious chemical incidents reported to the agency.” Through its...more

Beveridge & Diamond PC

Environmental Developments to Watch in California in 2025

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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

Cozen O'Connor

Maryland’s Lawsuit Adds to Growing Wave of PFAS Litigation

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Maryland AG Anthony Brown has filed a lawsuit against W.L. Gore & Associates, Inc. (Gore) alleging violations of state and federal consumer and environmental protection laws stemming from contamination caused by per- and...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

ArentFox Schiff

Death Knell Sounds for PFAS-Containing Food Packaging Materials

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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

Greenberg Glusker LLP

California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings

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On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of...more

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