The New York Department of Environmental Conservation (NYDEC) is debating its next step after what would have been the nation’s first mandatory disclosure program for cleaning product ingredients was invalidated by a state court judge on August 27th. In the
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Prop 65 Battle Royale over Glyphosate: EPA vs. OEHHA
The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8 press release, that Prop 65 labeling identifying the
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Proposition 65 Enforcement Trend Alert: Plastic Packaging
The latest front in the ever-expanding Proposition 65 enforcement battle: plastic packaging. Since the start of the year, dozens of notices of violation have been filed, not for actual products, but for the packaging in which they are wrapped.
The
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The FOIA Charade: A Brief Case Study
With the release last month of proposed new EPA regulations on how the agency intends to handle responses to requests under the Freedom of Information Act (FOIA), critics have raised concerns about provisions that would give authority to senior management
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New York Further Delays Enforcement of Cleaning Product Disclosure Program
The New York Department of Environmental Conservation (NYDEC) announced last week that it will not begin enforcement of the Household Cleansing Product Information Disclosure Program until January 2, 2020. Previously, NYDEC had delayed enforcement until October 2 for compliance with
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BREAKING NEWS: Prop 65 Warning Exemption Approved for Coffee (UPDATE)
UPDATE: OEHHA officially published adoption of the Prop 65 exemption for coffee on June 7, 2019, announcing that the new rule is effective as of October 1. Further details on and copies of the rulemaking documents can be found here
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More Tinkering at the Edges of Prop 65
The California Assembly passed a bill (AB 1123) earlier this month that would require litigants in private Proposition 65 enforcement actions to notify the state Attorney General (AG) of any appeals in such cases. Current law only requires plaintiffs in
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California Clarifies Scope of Prop 65 Listing for Soluble Nickel Compounds
California’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an important clarification of the scope of last year’s listing of “soluble” nickel compounds as reproductive toxins under Proposition 65. As previously reported, last October, OEHHA added “Nickel (soluble
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EPA Punts on Meaningful Revisions to TSCA Reporting of Recycled Byproducts
In 2017, at the direction of a provision in the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which fundamentally reformed the Toxic Substances Control Act (TSCA), EPA convened a group of stakeholders representing environmental groups, states,
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EPA Proposes Changes to Key Chemical Data Reporting Rule
The U.S. EPA announced today proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring
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EPA Issues First Set of Priority Chemicals for TSCA Risk Assessment
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA). EPA must finalize the listings
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