Judicial Deference to Agencies under Auer and Chevron – Alive, But Not Kicking

By Grimaldi Law Offices Associate Jennifer Singh The Chevron doctrine, a central principle of modern administrative law named for the 1984 case Chevron USA, Inc. v. Natural Resources Defense Council, stands for the proposition that when a law that a federal agency oversees is not clear, courts will generally accept the agency’s interpretations of that law as long as the interpretation is reasonable. One basis for the doctrine is the idea that agency decision makers - not judges - are in the best position to understand and interpret technical and complex minutia relating to agency decisions. Although the judicial deference…

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OEHHA Modifies Proposal on Averaging Concentrations of Reproductive Toxicants in Foods

On July 5, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice modifying a proposed Proposition 65 regulation on how to calculate the intake of a reproductive toxicant in foods, and separately, by the average user of a consumer product. The deadline for comments on the modified proposal, originally set for July 22, 2019, has been extended to August 5, 2019. OEHHA’s original proposed regulation was published for public comment on October 5, 2018. At that time, OEHHA explained that the proposal would specify procedures for determining the “level in question” for a reproductive toxicant in…

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OEHHA Finalizes Proposition 65 Warning Exemption for Coffee

By Grimaldi Law Offices Associate Jennifer Singh On June 3, 2019, the California Office of Administrative Law approved a regulation adopted by the California Office of Health Hazard Assessment (OEHHA) exempting currently listed carcinogens created by roasting and brewing coffee from Proposition 65’s warning requirements. Title 27 of the California Code of Regulations, section 25704, states that “[e]xposures to chemicals in coffee, listed on or before March 15, 2019 as known to the state to cause cancer, that are created by and inherent in the processes of roasting coffee beans or brewing coffee do not pose a significant risk of…

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Studies Find that Thousands of Cancer Cases May Be Linked to California Tap Water

A new study claims to have revealed a link between cancer and drinking water in California. According to the study, drinking water from California taps may increase cancer cases by more than 15,000 throughout the state over the course of a lifetime. The study focused on the combined effects of multiple pollutants in drinking water rather than analyzing just one contaminant. The data in the study conducted by scientists from the Environmental Working Group included 2700 California community water systems from 2011 to 2015. The study found that over the course of 70 years, 221 annual cancer cases would have…

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OEHHA Publishes Definition of Nickel

On May 2, 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a definition of nickel (soluble compounds) under Proposition 65. OEHHA’s notice defines nickel (soluble compounds) as compounds of nickel with solubility in water of greater than 0.1 moles per liter at 20 degrees Celsius. OEHHA initially added nickel (soluble compounds) to the Prop 65 list as a chemical known to cause reproductive toxicity in October 2018, but did not define “soluble.” Warnings for exposures to nickel (soluble compounds) will be required in California as of October 26, 2019. Before placing nickel (soluble compounds) on the Proposition 65…

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