News & Analysis as of

Toxic Chemicals Proposition 65 Environmental Protection Agency (EPA)

Beveridge & Diamond PC

EPA Seeks Public Comments on Petition to Amend Pesticide Labeling Requirements

Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment...more

DLA Piper

Industrials Regulatory News and Trends - December 2024 #2

DLA Piper on

California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning requirements. ...more

BCLP

Consumer products regulations on the rise for 1,4-Dioxane

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In a growing trend to regulate the chemicals contained in consumer products, numerous states are enacting laws and regulations to address the presence of 1,4-dioxane in consumer products. 1,4-dioxane is a synthetic industrial...more

MG+M The Law Firm

California Adds PFAS to List of Chemicals Subject to Prop 65 Enforcement Actions

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California has just added per- and poly-fluoralkyl substances (PFAS) to the list of chemicals requiring consumer warnings under Proposition 65, meaning that state residents can soon expect to see the words “cancer” and...more

Allen Matkins

New State and Federal PFAS Regulation

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In 2021, new federal and California regulations were established to protect public health and environments from the impacts of Per- and Polyfluoroalkyl substances (PFAS). Clients in industries that utilize PFAS, owners of...more

Allen Matkins

California Environmental Law & Policy Update - April 2021

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EPA expands analysis of new chemicals under TSCA - Chemical & Engineering News – March 30 - The U.S. Environmental Protection Agency (EPA) announced on March 29 that, when conducting risk assessments of new chemicals...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #4

Allen Matkins on

Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more

Pillsbury Winthrop Shaw Pittman LLP

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

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

Womble Bond Dickinson

IARC’s “Probably Carcinogenic” Does Not Justify Warning Labels but Drives Litigation Uncertainty

Womble Bond Dickinson on

What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more

Pillsbury Winthrop Shaw Pittman LLP

The Evolving Argument Surrounding Federal Preemption of Proposition 65

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

Perkins Coie

Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?

Perkins Coie on

As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new...more

Cozen O'Connor

EPA versus the State of California: An Important Glyphosate Update

Cozen O'Connor on

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and...more

Downey Brand LLP

Agencies Finally Begin to Address Dangers of PFAS

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Federal and state agencies are responding to public pressure to study and regulate per- and polyfluoroalkyl substances (PFAS) in drinking water supplies, and potentially in groundwater. The U.S. Environmental Protection...more

Allen Matkins

California Environmental Law & Policy Update - June 2019

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Focus - Major automakers back compromise on U.S. vehicle emissions rules, urge deal - Reuters – June 6 - In a letter to California Governor Gavin Newsom, a group of 17 major automakers, including General Motors Co,...more

Morrison & Foerster LLP

Preparing For PFAS Scrutiny: Part 2

PFAS — or per- and polyfluoroalkyl substances — have been detected just about everywhere, and may be inside virtually everyone you know. But not everyone has heard of them, and not everyone is prepared for their regulation. ...more

Buchalter

New Life For A Dormant Defense: Do Proposition 65 Warnings Violate The First Amendment?

Buchalter on

Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more

Downey Brand LLP

U.S. District Court Denies California Attorney General’s Request to Reconsider Holding that Proposition 65 Warnings for Glyphosate...

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On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

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February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Snell & Wilmer

Regulatory Burdens On Retailers Continue to Evolve

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In the run up to the Presidential Election, you may have missed some of the following regulatory developments that might impact your business....more

Farella Braun + Martel LLP

Update: Unraveling the Toxic Substances Control Act Reform Bill

In June, the U.S. Senate and House of Representatives passed the long-pending Toxic Substances Control Act (TSCA) reform legislation, which will bolster the government’s power to regulate a wide variety of chemicals. The bill...more

Allen Matkins

California Environmental Law & Policy Update - October 2015

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Environmental and Policy Focus - Royal Dutch Shell suspends Arctic drilling indefinitely: Washington Post - Sep 28: Royal Dutch Shell announced early on September 28, 2015 that it will indefinitely suspend its Arctic...more

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