Chemical Law, Emerging Contaminants, and Regulatory News and Insights
Chemical Law, Emerging Contaminants, and Regulatory News and Insights
Original Kelley Drye Client Advisory posted on June 30, 2022.
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s”…
Continue Reading The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases
Original Kelley Drye Client Advisory posted on June 17, 2022.
In the last two weeks, the Environmental Protection Agency (“EPA”) has taken two major steps forward on its regulation of the “forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”), to advance…
Continue Reading EPA Advances on Key PFAS Roadmap Deadlines
The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it will not be moving forward with the current proposal to amend Proposition 65 “short-form” warnings and that the agency will initiate a new rulemaking in coming weeks. …
Continue Reading Revisions to Prop 65 Short-Form Warnings on Hold; New Proposal Expected
The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. The latest proposal, released on April 5,…
Continue Reading California Still Seeking Proper Balance for Prop 65 Short Form Warnings
Original Kelley Drye Client Advisory posted by Courtney Kleshinski on March 22, 2022.
On March 21, the U.S. Securities and Exchange Commission (SEC) unveiled its long-anticipated draft proposed rules for mandatory climate disclosures that would align the United States with…
Continue Reading SEC Unveils Landmark Proposed Rules on Climate Change Disclosures
Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated that it was concerned by “the seemingly limited…
Continue Reading EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In 2020-2021, over 40% more Prop…
Continue Reading The Prop 65 Pandemic: No Covid Slow-Down for Enforcement
EPA released this past Friday the agency’s draft strategy for examining health and environmental risks in communities that reside near facilities that emit chemicals undergoing TSCA review. The “fenceline communities screening strategy” is an initial and explicit injection of “environmental…
Continue Reading EPA “Fenceline Communities Screening Strategy” Aims to Advance Environmental Justice Agenda
Just about an hour ago, the Supreme Court reinstated a nationwide stay of OSHA’s temporary emergency standard related to COVID-19, including the vaccination/testing requirements that were scheduled to be enforced starting in February. The court, in an unsigned opinion that…
Continue Reading Breaking News: Supreme Court Stays OSHA COVID-19 Vaccination Standard
Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of Environmental Health Hazard Assessment (OEHHA) has…
Continue Reading California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)
The U.S. Environmental Protection Agency’s (EPA’s) final National Recycling Strategy, released yesterday, includes prominent mention of “extended producer responsibility” (EPR) as a prime example of programs that advance the “circular economy” by increasing “materials recovery at the state and…
Continue Reading New EPA Nationwide Recycling Strategy Highlights “Extended Producer Responsibility” Programs in Advancing the “Circular Economy”
