Tag Archives: California

Bipartisan TSCA Reform Bill Sails Through House

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Last night, the U.S. House of Representatives passed the TSCA Modernization Act of 2015 (H.R. 2576) with a near-unanimous vote of 398-1. The bipartisan bill now heads to the Senate, where a competing bill (S. 697) advanced last month. Lawmakers will have to resolve key differences between the bills before sending to President Obama. H.R. 2576 would update the 40-year old Toxic Substances Control Act for the first time. The bill’s key provisions remove cost as a factor in EPA’s chemical safety assessments, afford EPA more power to order new chemical safety data, and aim to create a more uniform [...]Read more

The Floodgates Are Open for EPR Laws

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Last week, the United States Supreme Court denied industry’s petition for certiorari in Pharmaceutical Research and Manufacturers of America (PhRMA), et al. v. County of Alameda. The petitioners contended that Alameda’s Safe Drug Disposal Ordinance violated the dormant commerce clause by requiring pharmaceutical companies to finance a drug take-back program. The impact of the Court’s denial—which lets stand a Ninth Circuit ruling upholding the ordinance—will be widespread, both for the pharmaceutical industry, and more broadly, for extended producer responsibility (EPR) laws and ordinances [...]Read more

SB 657 – California Attorney General Gearing up for Enforcement Actions

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Perhaps you have just received a letter from the California Attorney General seeking your voluntary participation in an on-line survey regarding your company’s compliance with the supply chain and anti-slavery and anti-human trafficking disclosures required by the California Transparency in Supply Chains Act? Be careful.   Compliance with SB 657 was required by January 1, 2012 for certain companies that sell goods in California with annual worldwide gross receipts over $100 million.  In 2012, compliance consisted of make 5-6 disclosures on a company’s website – its business homepage [...]Read more

Global Manufacturers Take Note: DTSC’s Safer Consumer Products Priority Product Work Plan Released Today

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The final version of the California Safer Consumer Products (SCP) Priority Product Work Plan for 2015-2017 can now be viewed on the California Department of Toxic Substances Control’s (DTSC’s) website. The goal of the SCP program is to identify specific products containing potentially harmful chemicals and to ask manufacturers to determine (1) whether the chemicals are necessary; and (2) whether there are safer alternatives. The Work Plan issued in final form today identifies product categories from which such so-called “Priority Products” will be researched and selected for the next [...]Read more

Update on Pharmaceutical “Take-Back” Legislation: Counties Forge Ahead; California Waits for Direction from the Supreme Court

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Between Washington and California, the West Coast once again pushes the envelope in drug take-back legislation, while state action – which may level the playing field – has taken a backseat, waiting for the United States Supreme Court to determine whether to grant certiorari in Pharmaceutical Research and Manufacturers of America (PhRMA), et al. v. County of Alameda. At the end of December, the pharmaceutical industry petitioned the Supreme Court to reverse a September 30, 2014 Ninth Circuit appellate ruling that mandates that the industry pay for the County’s take-back program. On January [...]Read more

California State Water Board Workshop on Changes to Industrial Stormwater General Permit

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The California State Water Resources Control Board (“State Water Board”) held a workshop today to discuss significant changes to the General Permit for stormwater associated with industrial activity. The new General Permit, as discussed in an April 2, 2014 Alston & Bird LLP post, takes effect July 1, 2015. Notable changes in General Permit requirements are listed in the State Water Board’s Summary of Significant Changes. Among other prominent changes, the new General Permit makes it mandatory for dischargers to submit and certify all reports electronically on the SMARTS system, requires [...]Read more

OEHHA Releases Formal Rulemaking Draft for Prop 65 Warning Regulations

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The California Office of Environmental Health Hazard Assessment (OEHHA) released its formal rulemaking draft of Prop 65 warning regulations today. The public comment period begins Friday, January 16, and closes Wednesday, April 8. Uniquely for this rulemaking, OEHHA intends to post comments as they are received instead of waiting until the comment period closes. One of the key changes is the proposal that 12 chemicals (the so-called “dirty dozen” - see Section 25602) be specifically included in Prop 65 warnings: acrylamide, arsenic, benzene, cadmium, carbon monoxide, chlorinated tris, [...]Read more

Makers of Beauty, Hygiene, Furniture, Cleaning, Clothing, Fishing, Office Machinery and Building Products – GET READY! Future Regulated Product Categories Selected by California

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Under the California Safer Consumer Product Regulations, maker of products that are selected as “priority products” will be invited to participate in a grueling paperwork-laden regulatory process, that involves multiple notifications, alternatives analyses, chemical hazard and environmental assessments for the entire lifecycle of making their product from raw material extraction, manufacturing, transportation, use by consumer and ultimate disposal of product. Read more about the requirements here or here. In August 2014, the California Department of Toxic Substance Control ("DTSC") held [...]Read more

DTSC to Reschedule Workshops

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The California Department of Toxic Substances Control (DTSC) had scheduled two workshops for earlier this month to review its draft Priority Products Work Plan, but they were postponed. The draft work plan has yet to be released and is the reason behind postponing the workshops. DTSC hopes to release the draft work plan in September and schedule the workshops following its release to allow ample time for stakeholders to review the work plan and be prepared for the workshops. We will provide more details on the draft work plan and the new dates for the workshops when they are released. [...]Read more

California Supreme Court: Granting License to Ignore CEQA?

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The California Supreme Court recently issued a ruling in the case of Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart), which raised the question does the California Environmental Quality Act (CEQA) apply to local voter initiatives if the government adopts the initiative without placing it on the ballot for a special election. Tuolumne Jobs & Small Business Alliance (TJSBA) filed the suit arguing that the City of Sonora, California violated CEQA went it came to approval of a Wal-Mart expansion project without conducting a CEQA review. The Supreme Court unanimously rejected [...]Read more