News & Analysis as of

Toxic Chemicals Penalties

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

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

Greenberg Glusker LLP

Summer’s Heating Up: New Wave of Prop. 65 Notices Targets BPS in Thermal Paper

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In the three months since our previous post about major California businesses being targeted with a Proposition 65 (“Prop. 65”) Notice of Violation (“NOV”) for allegedly exposing California customers to Bisphenol S (BPS) in...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

Bergeson & Campbell, P.C.

EPA Releases New TSCA and FIFRA Enforcement Policies

On January 17, 2025, days before the end of President Biden’s term, the U.S. Environmental Protection Agency (EPA) released two new enforcement documents: (1) Expedited Settlement Agreement (ESA) Pilot Program Under the...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

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

BCLP

PFAS Update: California Enacts New PFAS Enforcement and Registration Law

BCLP on

On September 29, 2024, Governor Newsom approved AB 347 which, among other things, finally answers the question of which California agency will be tasked with enforcing and interpreting at least some of California’s PFAS in...more

Harris Beach Murtha PLLC

EPA Releases PFAS Reporting Rule

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TCSA-Based Requirement Covers Manufactured and Imported Items - The U.S. Environmental Protection Agency recently released a final rule under the Toxic Substances Control Act (TSCA) requiring reporting of historic...more

Perkins Coie

Washington State Enacts Toxic-Free Cosmetics Act

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Governor Jay Inslee signed Washington state’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023. The Act sets stringent standards for companies operating within the state, aiming to eliminate the use of toxic...more

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

OSHA Enforcement: Conley, Georgia, Chemical Manufacturing Facility and its Maintenance Contractor Cited for Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) announced in a May 16th news release that it had cited Arch Wood Protection, Inc. (“AWPI”)  and Mullins Mechanical & Welding, LLC (“Mullins”) for alleged violations. ...more

Wiley Rein LLP

Understanding EPA’s PBT Rules and Actions Is Vital for Compliance

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Under the authority of the Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) issued its final rules for five persistent, bioaccumulative, and toxic (PBT) chemicals on January 6, 2021. These...more

Vedder Price

The Long Reach of Proposition 65

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According to the Center for Accountability in Science, since 2010, businesses have spent over $182 million to settle Prop 65 lawsuits. What most companies do not realize is that 75% of settling businesses were headquartered...more

Bass, Berry & Sims PLC

Failure to Voluntarily Self-Report is a "Non-starter" under the FCA

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On July 5, 2019, the D.C. Circuit Court of Appeals affirmed dismissal of a qui tam lawsuit against several chemical manufacturers that set forth a unusual theory of liability: the relator alleged that the manufacturers...more

Allen Matkins

California Environmental Law & Policy Update - August #2

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Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

Schwabe, Williamson & Wyatt PC

New Changes to California Prop 65: What Oregon and Washington Manufacturers Must Do to Comply

As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018. Your business...more

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

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Firearms Manufacturer...

The United States Environmental Protection Agency (“EPA”) and Smith & Wesson Corp. (“Smith & Wesson”) entered into an April 27th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of: . . . Section...more

Pillsbury Winthrop Shaw Pittman LLP

Chemicals, Compliance and the Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more

Miller & Martin PLLC

Environmental Compliance Basics - The Emergency Planning and Community Right to Know Act

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Does your business use or handle chemicals? If so, then read on. EPA recently released its 2015 enforcement report, noting thousands of enforcement cases, tens of thousands of inspections, and hundreds of millions of...more

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