Topic Archives: Environmental Law

Environmental Action Under Governor Newsom’s CalEPA – What’s in Store for the State?

The California Environmental Protection Agency (CalEPA) directs some of the most important environmental agencies in the state. Those sub-agencies oversee a broad swath of industries and regulate areas including toxic air pollution, greenhouse gases, brownfield redevelopment, water quality, and food and consumer product labeling laws.  It’s no small effort: The proposed 2019-2020 budget for CalEPA ...›

Recent California Proposition 65 Developments Go Business’s Way for a Change

Introduction It is rare for anything having to do with California’s infamous Proposition 65 warning law to be welcome news to businesses. While they do not cure Proposition 65’s ills, a dizzying flurry of recent developments that we report on below may prove an exception. California Proposes Prop 65 Regulation Stating That Chemicals in Coffee Pose No Significant ...›

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is present in a wide variety of foods and flavorings and forms as a byproduct of cooking. California’s Office of Environmental Health Hazard Assessment (OEHHA) ...›

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

Last Monday, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide Roundup. Trace residues of glyphosate in food products had already become a potential target of Proposition 65 bounty hunters, who presumably had already begun testing foods purchased in California ...›

California Proposes Next Group of Priority Products Under Its Green Chemistry Initiative

California’s Green Chemistry Initiative has taken another step towards regulating a widely available consumer product.  On February 15, 2018, the California Department of Toxic Substances Control (DTSC) released a discussion draft document entitled   Product – Chemical Profile for Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets and Rugs (Profile), which proposes to list carpets and rugs ...›

California’s Green Chemistry Agency Issues Its Draft 2018-2020 Three-Year Priority Product Work Plan

On February 8, 2018, the California Department of Toxic Substances Control (DTSC) released a Draft Three-Year Priority Product Work Plan (2018-2020) (new Work Plan) under its Safer Consumer Products (SCP) Program. The SCP Program is an innovative regulatory scheme to evaluate and require safer substitutes for hazardous chemicals in consumer products. The new Work Plan ...›

November 1, 2017Consumer Products, Environmental Law

Full Disclosure: New Labeling for Cleaning Products

On October 15, 2017, California Governor Jerry Brown signed into law Senate Bill 258, known as the Cleaning Product Right to Know Act of 2017. The Act requires manufacturers of most cleaning products sold in California to disclose detailed information regarding their chemical content on the product label and on the manufacturers’ websites. While several ...›

Consumer Product Update – California’s Green Chemistry Initiative Looks for New Products to Regulate

Nail polish, household cleaners, carpets, upholstery, lead acid batteries and other products may be targeted for regulation under California’s Safer Consumer Products Program. The Program, also known as the California Green Chemistry Initiative, is an innovative regulatory scheme to evaluate and seek safer substitutes for hazardous chemicals in consumer products. Read our client alert. ...›