Legal Blog

EPA Alerts Public That Data About Toxic Chemicals May Be Erroneous

The EPA’s Office of Inspector General (IG), an independent organization that monitors the EPA, issued an emergency alert to notify the public that the EPA’s data on toxic chemical releases may be erroneous. The release of such an alert is highly unusual for the IG. The IG remarked that the inaccuracies warranted immediate reporting given their serious nature. The errors pertained to significant differences between the total number of toxic chemicals released into the environment that were publicly reported between 2013 and 2017 and the information independently submitted by the EPA to IG auditors. The IG sent the emergency notice…

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Virginia Restricts PFAS in Firefighting Foam

The Virginia Legislature enacted a new law that restricts the use of firefighting foam containing added per- and polyfluoroalkyl (PFAS) substances. The law was passed on April 3, 2019 after unanimous consent in the Legislature. The legislation prohibits the use of PFAS for training and testing as of July 1, 2021. Virginia follows other states, including Kentucky and Washington, that have enacted laws banning the use of PFAS chemicals in firefighting foams. Some states have also passed bans on PFAS in other applications. In 2018, Washington state enacted the first state law banning PFAS in food packaging, including pizza boxes…

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EPA Partners with Organizations to Address Animal Testing in Compliance with TSCA

The EPA announced its partnership with various organizations to address methods for reducing vertebrate animal testing as required under the Toxic Substances Control Act (TSCA).  The webinar took place on April 24, 2019 and brought together People for the Ethical Treatment of Animals (PETA) International Science Consortium, the Physician’s Committee for Responsible Medicine (PCRE) and the EPA. When TSCA was amended in 2016, various organizations, including PCRE, attempted to ensure that revisions to the Act would not lead to a substantial increase in animal testing. While, in some cases, the EPA continues to require chemical manufacturers to perform animal toxicity…

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EPA Issues Final TSCA Section 6(a) Rule on Methylene Chloride

For the first time in thirty years, the EPA has adopted a final risk management rule limiting the use of methylene chloride for stripping paint and coatings in consumer applications pursuant to Section 6 of the Toxic Substances Control Act (TSCA). The final rule will become effective on May 28, 2019 as 40 CFR Part 751 Subpart B. Under the final rule, the manufacturing, processing and distribution of methylene chloride for use in consumer paints and coating removal will be banned. In addition, the final rule requires that the manufacturing, processing and distribution of methylene chloride for any other use…

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Prop 65 May Have Led to Decreased Amounts of Lead in Candies

According to a new report authored by the Senior Scientist of Center for Environmental Health and the organization’s Proposition 65 attorney, litigation and subsequent legislation may have contributed to a decrease in the amount of lead in certain candies sold in California. Lead is listed on the Proposition 65 list, which mandates warnings for products that present a risk of lead exposure. Lead exposure can occur through a variety of means, including consumption of foods. The Center for Environmental Health (CEH), in conjunction with other organizations, tested chili and tamarind candies for lead beginning in 2004. It claimed that some…

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