Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products

California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products.  On September 24, 2015, the California Department of Toxic Substances Control (DTSC) released its …›

California’s Green Chemistry Agency Issues New Guidance to Identify Future Consumer Products for Regulation

California’s Green Chemistry Initiative continues to build momentum.  On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its final April 2015 Priority Product Work Plan for 2015–2017 (“Work Plan”).  The Work Plan is the first step in identifying the next …›

The “Discovery” Rule Is No Longer Supreme: The Supreme Court Holds That State Statutes of Repose Are Not Preempted by CERCLA

On June 9, 2014, the Supreme Court ruled in CTS Corp. v. Waldburger et al.[1] that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or the “Superfund” law), which preempts state statutes of limitations for certain tort actions involving environmental harms, …›