NEWS

State OK's Neonicotinoid Use After Concern Over Groundwater Pollution

The California Department of Pesticide Regulation (DPR) will allow continued use of the neonicotinoid pesticide imidacloprid, completing a review that arose after elevated levels of the chemical were found in 15 groundwater wells.

Governor Signs Comprehensive Bill to Cut Plastic Use and Boost Recycling

Gov. Gavin Newsom has signed sweeping legislation to fight plastic pollution by requiring plastic producers to reduce single-use plastics, boost recycling and take responsibility for managing plastic waste.

FYI Column: June 2022

Here is this month's roundup of recent news articles of interest.

EPA Proposes to Update CBI Requirements Under TSCA

On May, 12 U.S. EPA proposed a rule relating to the assertion and maintenance of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA).

EPA Issues First Order Requiring Companies to Test PFAS Products

The U.S. Environmental Protection Agency has issued a "test order" under TSCA requiring four companies to test the health effects of exposure to a per- and polyfluoroalkyl substance (PFAS) contained in their products.

Ninth Circuit Overturned EPA's Glyphosate FIFRA Registration

On June 17, A three-judge panel of the 9th U.S. Circuit Court of Appeals has overturned U.S. EPA's interim registration of glyphosate in Natural Resources Defense Council v. U.S. EPA, Opinion, 20-70787, citing agency errors in assessing its cancer risk and failure to comply with the federal Endangered Species Act (ESA).

SCOTUS Refuses to Review 9th Circuit Monsanto Tort Decision

On June 21, the U.S. Supreme Court declined to review a 9th U.S. Circuit Court of Appeals decision upholding what was the first trial court jury verdict finding that glyphosate caused the plaintiff's non-Hodgkin's lymphoma.

Prop. 65 60-Day Notices Roundup and Analysis: April 2022

In the month of April, there were a total of 186 60-day notices of violation filed with the California Attorney General's office.

Cal Supreme Court Refuses to Review Lower Court Decision on Amazon's Prop. 65 Liability

In March California's First District Court of Appeal issued a landmark opinion holding Amazon potentially liable for Proposition 65 liability for third party sales of products on its internet platform.

Newsom Appoints Carolyn Rowan Chief Counsel at OEHHA

On June 23, Newsom has appointed Carolyn Nelson Rowan as Chief Counsel of OEHHA. She is replacing Carol Monahan Cummings, who has retired.

OEHHA Finalizes Safe Harbor Level for Pesticide 1,3-D Under Prop. 65

The Office of Environmental Health Hazard Assessment (OEHHA) has finalized its Proposition 65 safe harbor levels for the pesticide 1,3-Dichloropropene (1,3-D).

DTSC Oversight Board Names Inaugural Executive Officer

The new oversight body of the California Department of Toxic Substances Control (DTSC)—the Board of Environmental Safety—has named Swati Sharma its first executive officer.

FYI Column: May 2022

Here is this month's roundup of recent news articles of interest.

OEHHA Proposes Second Round of Changes to Cannabis, THC Safe Harbor Rule

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed a second round of amendments to its proposed safe harbor warning regulations for cannabis smoke and delta-9-tetrahydrocannabinol (delta-9-THC) under Proposition 65.

OEHHA Will Start Over With Short Form Warning Changes After Time Expires on Initial Effort

On May 20, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) announced that would allow its proposal to change its regulations on short-form Prop. 65 warnings to lapse after it ran out of time to complete the proposal.

Prop. 65 60-Day Notices Roundup and Analysis: March 2022

In the month of March, there were a total of 244 60-day notices of violation filed with the California Attorney General's office.

DTSC Releases List of Alternatives to PFASs in Textile and Leather Treatments

The Department of Toxic Substances Control (DTSC) has released a list of alternatives that can be used in place of perfluoroalkyl and polyfluoroalkyl (PFASs) in products currently used to treat converted textile and leathers.

DTSC Proposes Adding 6PPD in Tires as a SCP Priority Product

The Department of Toxic Substances Control (DTSC) has formally proposed to list Motor Vehicle Tires Containing N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD) as a Priority Product (PPs) pursuant to its Safer Consumer Products (SCP) program.

9th Circuit Says that Prop. 65 Defendant Can Support First Amendment Claim Based on Allegations that Prop. 65 Plaintiff's Sham Claims

The Ninth Circuit Court of Appeal has largely upheld a lower court decision in Embry v. B&G Foods North American Inc., dismissing a Proposition 65 defendant's first amendment deprivation claim.

FYI Column: April 2022

Here is this month's roundup of recent news articles of interest.