Legal Blog

OEHHA Intends to List PCBTF as Proposition 65 Carcinogen

In November 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced its intention to list PCBTF as a carcinogen to the list of chemicals known to the state to cause cancer or reproductive toxicity.  This decision was prompted by a 2018 report by the National Institutes of Health’s (NIH) National Toxicology Program (NTP) identifying “clear evidence” that PCBTF is carcinogenic. The study conducted by NTP took place over two years and purported to find an increased incidence of cancerous liver tumors in male and female mice that were exposed to the chemical. PCBTF is used as a solvent in…

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California Department of Pesticide Regulation Recommends Temporary Restrictions on Chlorpyrifos

California’s Department of Pesticide Regulation recommended new interim restrictions for chlorpyrifos, a once widely used pesticide whose use has declined over the years and whose safety concerns prompted DPR to designate it as a “restricted material” in 2015.  The agency’s temporary guidelines include a ban on using the pesticide in crop dusting and applying it to most crops. Chlorpyrifos is currently used on approximately 60 crops statewide including grapes, almonds, and oranges. Chlorpyrifos has been detected not only on foods, but also in drinking water.  A study in 2012 by the University of California at Berkeley reported that 87 percent…

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California Adds Nickel to Prop 65 List As A Reproductive Toxicant

California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that nickel (soluble compounds) would be added to the Pro 65 list effective October 26, 2018 as a result of the finding that soluble nickel compounds were shown to cause reproductive toxicity. As such, affected products will be subject to warning requirements as of October 26, 2019 unless an exception applies.   Nickel (soluble compounds) was listed based on a determination by OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its capacity as the “state’s qualified experts.” A hazard identification document outlining the evidence of reproductive toxicity (in developmental and…

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EPA Notified of Lawsuit Over Failure to Ban Methylene Chloride in Paint Strippers

The Environmental Protection Agency (EPA) is facing litigation from a group of plaintiffs who claim that the failure to finalize a prohibition on the use of methylene chloride in paint strippers led to the deaths of their loved ones. The EPA originally proposed a ban on methylene-chloride containing paint strippers in January 2017. The ban never took effect and at least four people have died allegedly due to exposure to the chemical since that proposal. In all, experts estimate that 60 deaths have been linked to methylene chloride. The lawsuit alleges that the federal administration did not adequately protect citizens…

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Prop 65 Regulations Target PFAS

PFAS substances (“perfluoroalkyl” or “polyfluoroalkyl”) are a group of hundreds of thousands of synthetic organic compounds found in a variety of sources. These substances have a large number of applications. They have been used for fighting fires, manufacturing carpets, treating wastewater, and packaging fast food. In the past, state regulators have been at the forefront of addressing the health hazards associated with these substances. Now, the federal government is indicating that it plans to take action relating to PFAS exposure as well. PFAS substances are considered chemicals of concern not only because of their pervasive presence, but also because of…

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