California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever chemicals” in apparel, textiles, and cosmetics. The ban goes into
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Green Chemistry
Maine Makes a Bold Move in Banning Most PFAS-Containing Products
By Joseph J. Green & Zachary Lee on
Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”). These restrictions are some of the most comprehensive in the country, and, in effect, would ban PFAS in almost…
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The Prop 65 Pandemic: No Covid Slow-Down for Enforcement
By Joseph J. Green on
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…
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California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings (Updated)
By Joseph J. Green on
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…
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New EPA Nationwide Recycling Strategy Highlights “Extended Producer Responsibility” Programs in Advancing the “Circular Economy”
By Joseph J. Green on
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…
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EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule
By Joseph J. Green on
As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing…
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The Prop 65 Annual Conference: Notes from the Front 2021
By Joseph J. Green on
(Virtually – once again) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2021 Conference … the largest annual gathering of stakeholders from the full spectrum of actors involved with California’s “Proposition 65,”…
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Maine Law Heralds Wave of “Extended Producer Responsibility” Mandates for Product Packaging
By Joseph J. Green on
Signaling a notable advance in “extended producer responsibility” (EPR) policies, on July 13, Maine became the first U.S. state to require companies to pay fees related to the type and quantity of packaging for products sold in the state, in…
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FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out
By Joseph J. Green on
A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from…
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EPA Expands List of PFAS Subject to TRI Reporting
By Joseph J. Green on
The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program. Consistent with a recently leaked document highlighting priorities of the Office of Pollution …
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