Environmental

Recent Posts

OEHHA proposes to list "emissions from coal combustion" under California's Proposition 65
Posted on 1 Aug 2013 by Thomas H. Clarke, Jr.

OEHHA, the State regulatory agency overseeing the administration of Propositon 65, has announced its intent to list "emissions from the combustion of coal" as a carcinogen. See http://www.oehha.ca.gov/prop65/CRNR_notices/admin_listing/intent_to_list... Read More

California Attorney General seeks to limit scope of "public interest" releases in Prop. 65 settlements
Posted on 29 Jan 2012 by Thomas H. Clarke, Jr.

California's Proposition 65 ( Sections 25249.5 et seq Health & Safety Code ) is an unusual regulatory scheme. Lawsuits may be filed by private individuals. Plaintiffs are not required to have standing. The law only addresses a warning requirement;... Read More

California Court of Appeal upholds use of alternative listing methodologies for Prop. 65
Posted on 14 Jun 2011 by Thomas H. Clarke, Jr.

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... Read More

BPA, the never-ending saga
Posted on 24 Mar 2013 by Thomas H. Clarke, Jr.

Prior posts have reviewed various studies that indicate that BPA has estrogenic effects. In January 2013 the Office of Environmental Health Hazard Assessment (OEHHA) proposed listing BPA under California's Proposition 65 because OEHHA's evaluation... Read More

California Enacts Modest Reform to Proposition 65
Posted on 24 Oct 2013 by Troutman Sanders

By Karen F. Lederer and Eric L. Unis On October 5, 2013, California Governor Jerry Brown signed into law a bill amending the state’s notorious Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Prop 65, giving some protection... Read More

California's OEHHA Adds New Chemical to Proposition 65 List, Setting up Product Manufacturers/Distributors as Targets to Eager Plaintiffs' Bar
Posted on 4 Mar 2014 by GreenbergTraurig

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... Read More

Who literally profits from Proposition 65 litigation?
Posted on 2 Aug 2013 by Thomas H. Clarke, Jr.

An interesting two-piece assessment has been published by KQED, the San Francisco PBS radio and television station. They are succinct and informative. Links to the two articles can be found at: http://blogs.kqed.org/science/audio/who-profits-from... Read More

California Adds Methanol to the Prop 65 List as a Reproductive Toxicant
Posted on 22 Mar 2012 by Thomas H. Clarke, Jr.

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"... Read More

California adds methyl isobutyl ketone, a widely used solvent, to the Prop. 65 list of chemicals
Posted on 10 Nov 2011 by Thomas H. Clarke, Jr.

Methyl isobutyl ketone (CAS No. 108-10-1) is a very widely used solvent. The Office of Health Hazard Assessment (known affectionately as OEHHA [o-we-hah]) published a notice Sept. 16, 2011, that it intended to list MIK pursuant to the "labor code... Read More

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted
Posted on 29 Apr 2014 by GreenbergTraurig

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... Read More

EPA may be preparing tough report on dioxins in food
Posted on 10 Feb 2012 by Thomas H. Clarke, Jr.

Dioxins collectively refers to hundreds of chemical compounds that share certain structures and biological characteristics. See Dioxin . Dioxins fall into three closely related groups: the chlorinated dibenzo-p-dioxins (CDD's) chlorinated dibenzofurans... Read More

OEHHA proposes to list cyanide as a male reproductive toxicant under Proposition 65
Posted on 18 May 2011 by Thomas H. Clarke, Jr.

As you may recall from prior posts, the warning threshold for a "reproductive toxicant" under Proposition 65 is determined by finding a "no-effects" level, and then dividing that number by 1,000. The Office of Environmental Health... Read More

New Chemicals Proposed for Addition to California’s Proposition 65 List
Posted on 1 Feb 2012 by Jenner & Block Corporate Environmental Lawyer

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... Read More

California adds methyl isobutyl ketone, a widely used solvent, to the Prop. 65 list of chemicals
Posted on 10 Nov 2011 by Thomas H. Clarke, Jr.

Methyl isobutyl ketone (CAS No. 108-10-1) is a very widely used solvent. The Office of Health Hazard Assessment (known affectionately as OEHHA [o-we-hah]) published a notice Sept. 16, 2011, that it intended to list MIK pursuant to the "labor code... Read More

The never ending story of BPA
Posted on 20 Apr 2013 by Thomas H. Clarke, Jr.

As noted in prior posts, the Office of Health Hazard Assessment ("OEHHA", pronounced oh we hah) added BPA to the Proposition 65 list of reproductive toxicants on April 11, 2013. The basis was the authoritative source mechanism. [See http://www... Read More