California Court of Appeal upholds use of alternative listing methodologies for Prop. 65

There are several methods by which a "chemical" (a term of art) can be listed under California's Proposition 65. See, for example, http://www.rmkb.com/index.cfm/publications/publication-details/?pkid=253 (pp. 3-5). In California Chamber of Commerce v. Brown , 2011 Cal. App. LEXIS 694...

California Adds Methanol to the Prop 65 List as a Reproductive Toxicant

The Office of Health Hazard Assessment ("OEHHA") [pronounced Oh-we-hah] has added methanol (CAS No. 67-56-1) to the list of chemicals known to the State to cause reproductive toxicity for purposes of Proposition 65. A "reproductive toxicant" is one that causes birth defects and/or...

Governor Brown says he wants to reform Proposition 65, but where's the beef?

Governor Brown has announced he intends to reform California's Proposition 65. However, no detailed legislative language has been proposed, only an announcement about the California Environmental Protection Agency (the parent of the Office of Environmental Health Hazard Assessment which administers...

Assembly Bill 227 – An Ineffective Attempt To Reform California's Proposition 65

The 60-day notice provision of Proposition 65 was allegedly modeled after several then existing (1986) Federal environmental statutes. OEHHA: Final Statement of Reasons for Section 12903 (5/14/97) at http://oehha.ca.gov/prop65/law/903fsr.html . Like Federal law, Proposition 65's notice provision...

AB 227, aimed at amending California's Proposition 65, continues through the legislative process, though with major amendments

A prior post noted the very substantial problems with AB 227. If it was meant to be a universal cure, it was woefully inadequate. However, it now appears that its scope has been limited substantially, which makes it somewhat more reasonable as a solution to the tactics used by some plaintiffs to "shakedown"...