California's Green Chemistry: The Regulations are Coming!

California is developing "Green Chemistry" regulations that could affect all businesses-including non-California companies-that make consumer products sold in the state as well as companies that manufacture chemicals used in those consumer products. In September 2008, Governor Schwarzenegger...

Mixed Results Shown From Dispersants In BP Oil Spill

WASHINGTON, D.C. - (AP) Dispersants injected deep in the Gulf of Mexico to counter an oil gusher last spring seemed to keep some oil from fouling the water's surface, but the chemicals lingered underwater, raising concerns about long-term problems, a new study found. The first extensive research...

REACH Alert: Europe Gears Up to Attack High Risk Substances

With the end of the 30 November 2010 registration deadline under REACH for high volume and high risk substances, there is now available in Europe an unprecedented level of information about the hazards and risks associated with chemicals. The information in the registration dossiers will be disseminated...

Fracking and Hazardous Waste

Nova Scotia has followed Quebec, and has launched its own investigation into the potential environmental hazards of hydraulic fracturing to produce shale gas, especially the impacts on water. Meanwhile, the US EPA is anxious to formally start its own review. Its Science Advisory Board will hold two...

Kraft To Pay $8.1 Million To Settle Pollution Lawsuit

INDIANAPOLIS - (AP) Kraft Foods Inc. will pay $8.1 million to settle a class-action lawsuit over pollution at a former factory in Attica, Ind. The lawsuit, filed in 2009 and representing nearly 130 families, claimed pollution from a former Kraft factory contaminated the groundwater beneath their homes...

Keller and Heckman LLP: RoHS Recast Final and Official; Implementation Dates Abound

The Official Journal of the European Union has published Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (recast RoHS), following the European Council's formal adoption of the version we reported on earlier this year. As discussed...

World Health Organization (WHO) Issues Life Stage Guidance for Risk Assessment

By E. Lynn Grayson, Partner, Jenner & Block According to WHO, a significant challenge exists with monitoring and assessing individual and population level exposure and risk to environmental chemicals associated with how to consider age and life-stage related changes in behavior and physiology...

WHO Announces Second Meeting On Global Collaboration In Chemical Risk Assessment

By E. Lynn Grayson, Partner, Jenner & Block The World Health Organization (WHO) has announced its second meeting focused on strengthening global collaboration in chemical risk assessment to be held 29-30 March 2012 in Bonn, Germany. The first meeting was held in March 2010. The two day meeting...

New Chemicals Proposed for Addition to California’s Proposition 65 List

By Katherine M. Rahill, Partner, Jenner & Block In December and January, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment ("OEHHA") announced its intent to add seven new chemicals to the Proposition 65 chemicals list: •...

Keller and Heckman: U.S. House of Representatives Initiates Series of Hearings to Discuss the Toxic Substances Control Act

On June 13, 2013, the House Environment and the Economy Subcommittee of the Energy and Commerce Committee held a hearing entitled “Title I of the Toxic Substances Control Act: Understanding its History and Reviewing its Impact.” Given the attention the Toxic Substances Control Act (TSCA)...

Jenner & Block: EPA, OSHA and ATF Issue Ammonium Nitrate Chemical Advisory

EPA, OSHA and ATF have issued a chemical advisory that provides information on the hazards of ammonium nitrate (AN) storage, handling and management. This action supports the goals of President Obama's August 2013 executive order on "Improving Chemical Facility Safety and Security." The...

The Mind the Store Initiative — Moving Beyond Existing Regulatory Schemes

The Safer Chemicals/Healthy Families Coalition (which includes Earthjustice, Environmental Defense Fund, Greenpeace, League of Conservation Voters, Natural Resources Defense Council, Sierra Club, US Public Interest Research Group, several environmental justice groups, patient groups, nurses organizations...

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New York: Exposure to Potato Chip Seasoning Caused Employee’s Pulmonary Condition

A New York appellate court recently affirmed a finding by the state’s Workers’ Compensation Board that awarded benefits to a worker who claimed he suffered from an occupational disease or condition in the form of chronic hypersensitivity pneumonitis, caused by 12 years of work-related exposure...

DLA Piper Product Liability Alert: California Green Chemistry Initiative’s Coming Priority Products List, And The DTSC Strategic Plan

The highly anticipated next step in California’s Green Chemistry Initiative (GCI) is the planned April 2014 release of the list of Priority Products that will be first in the spotlight for chemical regulatory scrutiny, triggering compliance requirements with a 180-day deadline for any manufacturer...

California's OEHHA Adds New Chemical to Proposition 65 List, Setting up Product Manufacturers/Distributors as Targets to Eager Plaintiffs' Bar

The California Office of Environmental Health Hazard Assessment (OEHHA) announced that it will add diisononyl phthalate (DINP) to the list of chemicals known to the State to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (widely known as Proposition 65). DINP is...

Are Common Industrial Chemicals Developmental Neurotoxins?

Toxic chemicals may be triggering the recent increases in neurodevelopmental disabilities among children—such as autism , attention-deficit hyperactivity disorder, and dyslexia—according to a new study from Harvard School of Public Health (HSPH) and Icahn School of Medicine at Mount Sinai...

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted

The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it is considering implementation of the most significant changes to Prop. 65 regulations in more than two decades. OEHHA has posted the draft regulation and Initial Statement of Reasons on its website. Passed...

USEPA Seeking to Obtain Information on Hydraulic Fracturing Chemicals and Mixtures

By Meredith Odato Graham The U.S. Environmental Protection Agency (USEPA) has announced the availability of an advance notice of proposed rulemaking (ANPR) to solicit public comments on “the information that should be reported or disclosed for hydraulic fracturing chemical substances and...

EPA Evaluates Fracking Chemicals

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen petition under Section 21 of TSCA submitted by...

U.S. EPA 2013 TRI Preliminary Dataset Now Available

EPA has released the 2013 Toxic Release Inventory (TRI) preliminary dataset, which contains toxic chemical release and pollution prevention data reported by facilities for the 2013 calendar year. The currently available dataset includes reporting forms processed as of July 9, 2014 (the annual reporting...

EPA is Considering Amendments to its Chemical Risk Management Program (RMP) Rule that Would Impose Burdensome Additional Requirements on both Covered Facilities and Facilities Not Currently Covered by the RMP Rule

On August 1, 2013, reacting to a number of high-profile incidents and the constant drumbeat from the Chemical Safety Board, President Obama signed Executive Order 13650, entitled Improving Chemical Facility Safety and Security, [ enhanced version available to lexis.com subscribers ]. Among other things...

DLA Piper: California’s Green Chemistry Initiative: ‘Work Plan’ Basics And The 7 Product Categories – 3 Action Steps

By George Gigounas and Rachael E. Yourtz California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work Plan on the statute, California’s Department of...

TSCA Reform Dead for 2014?

By Steven M. Siros Recent actions by Senator Barbara Boxer may have sounded the death knell for TSCA reform in 2014. On September 18, 2014, Senator Boxer unveiled what she characterized as revisions to a TSCA reform bill that had been being worked on by a bi-partisan committee within the Senate...