Tox of the Town
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.
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...
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...
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...
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...
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...
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...
OEHHA Proposes Sweeping Changes to California’s Proposition 65 Warning Requirements
On October 27, 2023, the Office of Environmental Health Hazard Assessment (OEHHA), the lead California regulatory agency tasked with implementing California’s Proposition 65, proposed significant changes to the Proposition 65 warning requirements that may impact businesses’ Proposition 65 compliance strategy. In particular, OEHHA is once again considering changes to the...
U.S. Supreme Court Declines to Review Decision Blocking Prop. 65 Acrylamide Cancer Lawsuits
For those following the acrylamide saga (see, e.g., our earlier blog post ), on Monday of this week, the U.S. Supreme Court declined to review the injunction blocking new Prop. 65 lawsuits as to cancer warning labels on foods containing acrylamide: By way of background, Prop. 65 requires businesses...
“Much left unsaid” – A Primer on Environmental Due Diligence for Real Estate Transactions
Last month, I had the pleasure of participating in a roundtable discussion regarding “Transactional Real Estate and Environmental Due Diligence” co-hosted by Primerus and Association of Corporate Counsel . I don’t know about my co-panelists ( Michaël Hassan , Tina Denso , and Melissa Demorest LeDuc ), but I personally...
California’s Proposition 65: New “Safe Harbor” Warning Option for Acrylamide
Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of regulatory and court action over the past few years. As we previously reported , there is currently an injunction preventing Prop 65 enforcers from filing or prosecuting...
Here at Last! DTSC’s 2022 Vapor Intrusion Advisory
Last month, the California Department of Toxic Substances Control (“DTSC”) issued its long-awaited “Vapor Intrusion Update” (“Advisory”) which is intended to guide the selection of attenuation factors (“AFs”) at contaminated sites overseen by DTSC. For folks frantically Googling the term “attenuation factors,” I’ll save you some time: attenuation factors are...
California’s Supreme Court Opens Gates to Prop. 65 Lawsuits Against Amazon.com
Last month, the California Supreme Court created some e-commerce waves when it declined to review a Court of Appeals decision allowing California Proposition 65 (“Prop. 65”) lawsuits against retail giant Amazon.com. The decision arguably allows customers to sue Amazon.com and similar e-commerce companies for failing to warn buyers that products...
Back to School for Administrators: New K-6 Ban List and Laws Regulating Art Supplies
As schools reopen and in-person learning resumes, school teachers and administrators should be aware of laws regulating the purchasing of art supplies in schools. A preview of some of these laws is as follows: The California Education Code (Cal. Education Code § 32064, et seq. ) prohibits the purchase...
The Ever-Shifting Landscape of Prop 65 Acrylamide Regulation
It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental Health Hazard Assessment (“OEHHA,” the agency tasked with enforcing Proposition 65’s warning requirements) appear to be...
SF Regional Board attempts to clarify vapor intrusion approach
The San Francisco Regional Water Quality Control Board recently issued a fact sheet summarizing changes to its approach to remediating environmental impacts and mitigating vapor intrusion (VI) at properties impacted with volatile organic compounds (VOCs). This follows a January 2019 update to the Board’s vapor intrusion environmental screening levels—which...
Even Your Parking Structure Violates Prop 65
The Prop 65 “Clear and Reasonable Warnings” updates that became effective in August 2018 contain lots of traps for the unwary, including one that you might not have noticed: tailored Prop 65 warnings are required at each of the public entrances to your enclosed parking facilities. To avail your regulated...
RCRA Update: New Hazardous Waste Generator Rule Goes Into Effect in May 2017
EPA’s final Hazardous Waste Generator Improvements Rule (“Rule”), which goes into effect on May 30, 2017, contains approximately 60 revisions to the hazardous waste generator regulatory program. The revisions focus on improving efficiency, and compliance for hazardous waste generators—which is quite appropriate given EPA’s estimated hazardous waste non-compliance rate...
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