Legal Blog

The California Office of Environmental Health Hazard Assessment has published translations of the new Proposition 65 safe harbor warnings. The translations, intended to assist businesses opting to use the new warnings, are provided in Spanish, Chinese, Vietnamese, French, and Tagalog. OEHHA cautions, however, that these translations represent the agency's "best efforts" in translating the safe harbor warning text, and that businesses "may wish to consult with a translator and legal counsel regarding the accuracy and applicability of translated warning content for a specific exposure." Businesses needing to translate their safe harbor warnings should closely examine OEHHA's translations: aside from the…

Effective July 1st, 2017, the Proposition 65 Maximum Allowable Dose Level (MADL) for ethylene glycol (CAS 107-21-1) will be 8,700 micrograms per day, the same level proposed by the Office of Environmental Health Hazard Assessment on April 8, 2016. Because the chemical's listing is restricted to the oral route of exposure, the MADL consequently reflects the dose, through the oral ingestion route, above which a Proposition 65 warning would be required for this substance. Ethylene glycol, best known for its use in antifreeze, was first added to the Proposition list of chemicals known to cause reproductive toxicity on June 19, 2015.…

California Senate Bill 49 (SB 49), part of the Preserve California legislative package, has been cleared by the Senate Environmental Quality Committee and was scheduled to be heard by the Senate Judiciary Committee on April 25, 2017. Authored by California Senate Pro Tem Kevin de Leon and Senator Henry Stern, the California Environmental, Public Health, and Workers Defense Act of 2017 would require the State of California to adhere to federal environmental regulations established by the Obama administration. The bill was passed in anticipation of these regulations being weakened or rolled back by the Trump administration. The bill has proved controversial, being…

The U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention (OCSPP) is hosting two meetings on May 1, 2017 to seek input on regulations promulgated under the Toxic Substances Control Act (TSCA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) that may be repealed, replaced, or modified in order to make them less burdensome to industry. Attendees may participate either in person or remotely; either way, registration is required. Registration for both of the meetings ends on April 27th, 2017. On site registration will be available, but those interested in attending should note that seating will be available on…

The Washington Department of Ecology has announced a proposal to update the Children's Safe Products Act (CSPA) reporting rule language, update the Chemicals of High Concern to Children (CHCC) list, evaluate flame retardants identified in RCW 70.240.035, evaluate additional chemicals recommended by stakeholders to be added or removed from the list, and respond to stakeholder comments regarding the changes. All changes to the rule, including changes to the CHCC list, are open to public comment until May 12th, 2017. Additionally, there will be a public hearing held on April 25th, 2017 at 10 am PST. The CSPA, codified at Chapter 70.240 RCW,…