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 DeferenceThe 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...
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...
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...
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...
Modernization of Cosmetics Regulation Act - What Companies Need to Know
Beginning on December 29, 2023, the Modernization of Cosmetics Regulation Act (MOCRA) became effective. Signed into law on December 29, 2022, MoCRA significantly expands the U.S. Food and Drug Administration’s (FDA) authority to regulate cosmetic products and related businesses by adding section 607 to the Federal Food, Drug, and Cosmetic...
Eco-Friendly Marketing Claims Face Scrutiny by State Lawmakers
In today's eco-conscious world, consumers are showing a growing preference for environmentally responsible companies. In a recent Bloomberg article, I spoke with staff correspondent Brenna Goth to discuss the importance of companies being truthful and cautious when making environmental benefit claims in their marketing efforts. My quotes are featured below. ...
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...
Wildfires and its Implications for Companies
As the world grapples with the increasing impact of climate change, one pressing issue is the management of air quality in the workplace. In a recent CNBC article, I spoke with reporter Cheryl Winokur Munk to discuss the importance of companies understanding the regulations and best practices surrounding air...
Supreme Court Narrows EPA’s Authority to Protect Wetlands under Clean Water Act
In a highly anticipated and consequential decision, the U.S. Supreme Court stripped the Environmental Protection Agency’s (EPA) authority to regulate an estimated half of the nation’s wetlands under the Clean Water Act (CWA). The May 2023 ruling in Sackett v. Environmental Protection Agency could mean that millions of acres...
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...
EPA Issues Historic Rules on Drinking Water
In an unprecedented move, the federal government proposed strict new rules limiting the presence of a class of chemicals known as per- and polyfluoroalkyl substances, or “PFAS,” in the nation’s drinking water – a decision that could impact nearly all Americans. While PFAS chemicals are ubiquitous in consumer goods...
“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...
The EPA's New Enviro Site Assessment Standard: Key Points
On Dec. 15, 2022, after a yearlong wait, the U.S. Environmental Protection Agency took final action to approve the new ASTM International standard for conducting Phase I environmental site assessments, officially known as ASTM E1527-21, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." This action...
What is Greenwashing?
In a recent webinar, "Greenwashing and its Dirty Consequences," I spoke about what greenwashing is, some examples, types of claims, and referencing the Federal Trade Commission's Green Guides for guidance. What is greenwashing? That is the question of the day. There is not one regulatory definition of what greenwashing...
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...
California Air Resources Board Approves 2022 Scoping Plan
As we reported previously , the California Air Resources Board (CARB) has taken a highly anticipated vote on its final proposed plan for addressing climate change. CARB unanimously approved the 2022 Scoping Plan at a public meeting on December 15, 2022, thereby adopting an unparalleled blueprint for tackling climate change...
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