The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address
Continue Reading
Pesticide Enforcement Alert: EPA Targeting On-Line Sales
Consistent with consumer trends and the ever-increasing role of internet sales, U.S. EPA is targeting on-line pesticide sales as an enforcement priority. In a preview of the anticipated April 1 release of preliminary agency enforcement priorities, Acting Deputy Director of
Continue Reading
Updated TSCA Inventory Identifies “Active” Chemicals in Commerce
EPA has released the updated TSCA Chemical Substance Inventory, with, for the first time, “active” and “inactive” designations as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA). Of the 86,228 chemicals on the Inventory, less than
Continue Reading
Prop 65 Coming to New York ….?
Newly proposed legislation in New York, announced by Gov. Andrew Cuomo during the release of his Executive Budget late last month, would look an awful lot like California’s “Proposition 65” program … but, presumably, with crucial differences. As described by
Continue Reading
EPA Rule Addressing Methylene Chloride Risks Stalled by “Shutdown” … While Activists File First “New TSCA” Court Challenge for EPA Failure to Act
During confirmation hearings before Congress last week, Acting EPA Administrator Andrew Wheeler indicated that a long-awaited EPA rule to restrict consumer and commercial uses of methylene chloride as a paint and coating remover has been delayed by the government shutdown,
Continue Reading
California Set to Finalize Prop 65 Coffee Exemption
The California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the state’s Proposition 65 program, is on the verge of finalizing an exemption from warning requirements for chemicals, such as acrylamide, “created by and inherent in the processes of
Continue Reading
Prop 65 Plaintiffs Ring In New Year with Aggressive Enforcement
Proposition 65 plaintiff groups are starting 2019 with a practically unprecedented bounty of enforcement actions underway. According to information available from the California Attorney General’s Prop 65 website, almost 2,000 60-Day Notices of Violation have been filed since April 2018
Continue Reading
Enviro Groups May Have Christmas Lump of Coal for EPA: Set to Sue on EPA Decision Not to Develop New “SPCC” Program for Spills of Hazardous Substances
Environmental groups have filed a Notice of Intent to sue the U.S. Environmental Protection Agency (EPA) over its still draft decision not to establish a program to address potential spills of hazardous substances similar to the existing “Spill Prevention, Countermeasure
Continue Reading
California OEHHA Extends Investigation of Synthetic Food Dyes
At the direction of the California Legislature, the Office of Environmental Health Hazard Assessment (OEHHA) is conducting a risk assessment of the potential adverse health impacts of synthetic food dyes on children, with a focus on neurobehavioral and other neurologic
Continue Reading
California Seeks Clarity on Retailer/Supply Chain Prop 65 Warning Provisions
Only a few months after new provisions went into effect (on August 30th), California’s Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the rules governing retailer and supply chain responsibility for providing warnings under Proposition 65. These
Continue Reading