GREENberg bLAWg Posts
Visit the Full BlogWhere the Law and the Environment Connect. Tox of the Town is a blog written by attorneys in Greenberg Glusker’s Environmental Law Group. With years of legal, technical, and business know-how experience, we look forward to providing our readers with timely updates on environmental issues. Subscribe to our blog today to receive updates on changing environmental laws, regulatory and compliance issues, ongoing litigation, and more.
California Enacts Major CEQA Reforms
On June 30, California Governor Gavin Newsom signed two budget bills that contained the most significant reforms to the California Environmental Quality Act (CEQA) in decades, effective immediately. These changes create an exemption for housing projects and certain infrastructure projects from CEQA, which has historically been a major hurdle...
CalRecycle Releases Latest Draft of Regulations for California’s Plastic & Packaging EPR Law
On July 1, the California Department of Resources, Recycling, and Recovery (CalRecycle), a California agency tasked with implementing the state’s sustainability laws, released its latest draft of regulations for California Senate Bill (SB) 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act. SB 54 is a so-called “Extended Producer...
Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits
On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency , holding that EPA does not have the authority to issue “end-result” requirements in National Pollutant Discharge Emissions System (“NPDES”) permits under the Clean Water Act (“CWA”). The...
Maryland and Washington Join Growing List of States with Packaging EPR Laws
Maryland and Washington have joined the growing list of states enacting extended producer responsibility (EPR) laws for packaging and paper products. These laws shift the cost of recycling these materials from the consumer back to the producer and are intended to reduce waste and promote recycling. Maryland On May...
EPA Announces Rollback of Biden-Era PFAS Rules
On May 14th, the U.S. Environmental Protection Agency (EPA) announced that it plans to delay or rescind PFAS (per- and polyfluoroalkyl substances) drinking water standards established by the Biden administration. PFAS are a group of human-made chemicals known as “forever chemicals” because they do not easily break down in...
EPA Gives Businesses a TSCA Section 8(a)(7) PFAS Reporting Reprieve
Effective May 13, 2025, the United States Environmental Protection Agency (EPA) issued an interim rule extending the data submission period for the Toxic Substances Control Act (TSCA) section 8(a)(7) perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting requirement (PFAS Reporting Rule). PFAS, also known as “forever chemicals” due to their persistence...
Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be required to warn for dietary acrylamide exposures pursuant to a ruling of a California federal...
Federal Agencies Propose Rule to Rescind the Definition of “Harm” Under the Endangered Species Act
On April 17, 2025, the Departments of Interior and Commerce issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA) which, if finalized, would fundamentally alter a significant, long-established element of ESA interpretation and enforcement. The proposed rule is open for public...
Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs
California shoppers might be getting more than just a receipt at checkout—they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by Lexington Law Group. Prop. 65, officially referred to as the Safe Drinking Water and Toxic...
Countdown to Compliance: California’s New “Recyclable” Labeling Law
The 18-month clock is now ticking for businesses to comply with California’s Senate Bill (SB) 343, also known as the “Truth in Recycling” law, which addresses permissible recyclable claims. In 2021, California passed SB 343, which creates stricter requirements for use of the familiar “chasing arrows” symbol or any...
Moving Targets: Multi-State EPR Packaging Laws—Key Updates & Deadlines
Across the country, states are enacting so called “Extended Producer Responsibility” (EPR) laws aimed at reducing plastic waste and shifting the cost of recycling these plastics from the consumer back to the producer. This is done primarily by establishing a Producer Responsibility Organization (PRO), an entity to which producers...
When Wildfire Toxins Contaminate Stormwater: Essential IGP Compliance Steps
On February 14, 2025, the California State Water Resources Control Board (State Water Board) issued a compliance guidance letter for industrial facilities subject to the Statewide Industrial Stormwater General Permit (IGP) and located in wildfire-affected counties under a Governor-declared state of emergency. This guidance addresses wildfire-related contamination in stormwater...
Executive Order Signed to Waive CEQA and Coastal Act Requirements
In response to Southern California’s widespread fire devastation and concerns about how bureaucratic red tape might adversely impede recovery efforts, the Governor’s Office has issued an executive order to streamline the reconstruction of destroyed or substantially damaged homes and businesses. The order suspends permitting and review requirements under the...
Beyond Chevron: Courts vs. Agencies in a New Era
Examining the Implications of the Supreme Court’s Shift on Chevron Deference
The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo . This landmark case dismantles the Chevron deference standard, reshaping the balance of power between courts and agencies. To fully appreciate the implications of this decision, it...
California Proposition 65: Approved Changes Overhaul Safe Harbor Warnings
On December 6, 2024, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, issued a notice stating that the Office of Administrative Law approved changes to the Prop 65 “clear and reasonable warnings” regulations originally proposed by OEHHA in...
How California's PFAS Laws Are Changing the Consumer Product Landscape
Two California laws, AB 1817 and AB 2771, will regulate PFAS in textiles and cosmetics starting January 1, 2025. These "forever chemicals" are linked to health risks and are challenging to detect due to their low concentrations in global supply chains. Companies must identify PFAS in products, ensure supply chain...
California Leads with New Food Safety Laws
California has taken a major step in food safety and sustainability with the passage of Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316), signed into law by Governor Gavin Newsom on September 28, 2024. These laws aim to standardize food labeling, reduce waste...
Finalized Acrylamide Warnings and Related Legal Showdown
This week, the Office of Environmental Health Hazard Assessment (OEHHA) announced that the proposed Prop. 65 additional safe harbor warning options for acrylamide have become final. The safe harbor options will be included in Title 27, California Code of Regulations 25607.2(b), and are set to take effect on January...
Prop. 65 Halloween Special: More Tricks than Treats for California Restaurants
It’s been more tricks than treats this season for restaurants located in California. In the past few weeks, there have been over 100 California Proposition 65 60-day notices of intent to sue issued on behalf of claimant Golden State Consumer Law Group, Inc. for the alleged failure to warn...
California Prop 65 Suit Targets PFAS in Feminine Care Products
On Monday, consumer group, Ecological Alliance, LLC, filed a lawsuit against the makers of the Carefree brand of menstrual liners, Edgewell Personal Care Brands, LLC , alleging that the liners contained perfluorooctanoic acid (PFOA), one of the per – and polyfluoralkyl substances (PFAS) chemicals on the California Proposition 65...
Stronger Building Standards and Impacts on Property Insurance, Development Financing, and Affordability
As climate change continues to shape the real estate landscape, developers and insurers alike are feeling the impact. Stronger building standards, aimed at mitigating risks from wildfires, floods, and sea level rise, may lower the cost of property insurance by reducing risk to insurers. This, in turn, could lead...
Will Makeup Get a Makeover? Titanium Dioxide in Cosmetics
UPDATE : On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta . The order provides, in pertinent part, “Defendant, his officers, employees, and agents, and all those acting in privity or concert with...
Yolo County Ruling: First CEQA Process Streamlined Under SB 149
California took a significant step in streamlining the California Environmental Quality Act (CEQA) process with the passage of SB 149, a law that allows the California Governor to certify certain infrastructure projects for judicial fast-tracking. The law requires courts to decide CEQA challenges to certified projects within 270 days...
It’s Raining Stormwater NOVs in California - 7 Tips For Responding To An IGP NOV
Responding to a California General Industrial Storm Water Permit (IGP) NOV can be a complex matter. Read the full article on Facility Executive for tips we’ve developed to facilitate success. Excerpt: After many years of drought, in late 2023 and early 2024 California experienced significant rain. Indeed, the National Oceanic...
US EPA Designates Two PFAS Compounds as "Hazardous Substances" Under CERCLA
It's finally happened. The US Environmental Protection Agency has designated two widely used PFAS compounds, PFOA and PFOS, as "hazardous substances" under CERCLA. PFAS are man-made chemicals used for decades and found in many different commercial, industry, and consumer products. EPA's designation will have far-reaching liability implications. In a...
USEPA Announces Final Drinking Water Standards for Six PFAS
In much anticipated news for followers of PFAS, or so-called "forever chemicals," USEPA announced today final, enforceable drinking water standards (MCLs) for six PFAS, including PFOS and PFOA at 4 parts per trillion. EPA "expects that over many years the final rule will prevent PFAS exposure in drinking water...
Update: SEC Voluntarily Stays Climate Regulations
On April 4, 2024, rather than waiting for the Eighth Circuit to issue a ruling on plaintiffs’ pending emergency motion for an administrative stay of the SEC’s final rule regarding the Enhancement and Standardization of Climate-Related Disclosures for Investors , the SEC opted to issue its own stay , preventing...
CARB and the Attorney General Defend California's Groundbreaking Climate Change Disclosure Laws in Court
As previously posted , in a landmark legal challenge, a coalition led by prominent business federations is challenging California's pioneering climate disclosure laws, Senate Bill 253 (the Climate Corporate Data Accountability Act) and Senate Bill 261 (the Climate-Related Financial Risk Act). These laws mandate unprecedented disclosure of climate-related financial...
California's Climate Disclosure Mandates Face Legal Challenges
In a landmark legal challenge, a coalition led by prominent business federations is challenging California's pioneering climate disclosure laws, Senate Bill 253 (the Climate Corporate Data Accountability Act) and Senate Bill 261 (the Climate-Related Financial Risk Act). These regulations mandate unprecedented disclosure of climate-related financial risks and greenhouse gas emissions...
What to Know About the Recent OEHHA Hearings
The California Proposition 65 short-form warning saga continues. We authored articles in both Bloomberg Law and Corporate Compliance Insights to discuss what businesses should know from the recent California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) hearings. California's Proposition 65 short-form warning changes proposed by OEHHA could significantly affect...
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