Environmental

Recent Posts

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

BPA exposure may be underestimated because of laboratory method used
Posted on 14 Jun 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various animal studies that have reported the potential for adverse impacts from BPA exposure, as well as the controversial conclusions of FDA under President Bush in assessing the risk of such exposure to humans. Recently... Read More

California’s Green Chemistry Initiative: “Work Plan” Basics and the 7 Product Categories – 3 Action Steps
Posted on 11 Nov 2014 by DLA Piper

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... Read More

Children in nonsmoking families have higher levels of secondhand exposure if they live in multifamily dwellings
Posted on 15 May 2011 by Thomas H. Clarke, Jr.

Prior posts have noted some of the chemical and adverse health effects that arise from the smoking of tobacco; a recent post also discussed the science developed to date regarding so-called thirdhand smoke. Children who grow up in apartment buildings... Read More

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure
Posted on 19 Sep 2011 by Thomas H. Clarke, Jr.

Prior posts have noted that the key to toxic torts is causation. Prior posts have also noted some potential alternative factors that should be considered when various types of harm are alleged that supposedly result from a toxic tort. Now, obesity may... Read More

Environmental Appeals Board Decision in the Elementis Case: What It Means For The "Continuing Violation" Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For "Corroborative Information"
Posted on 22 Jul 2015 by Keller and Heckman LLP

On March 13, 2015, the Environmental Appeals Board (EAB) overturned a controversial decision issued by an Administrative Law Judge (ALJ) in 2013. The ALJ held that Elementis Chromium (Elementis) failed to report to the U.S. Environmental Protecting Agency... Read More

Three new studies conclude that prenatal pesticide exposure lowers IQ
Posted on 1 May 2011 by Thomas H. Clarke, Jr.

Before noting the studies, I should note that I am very skeptical about what it is that IQ tests measure, and whether they are measuring it accurately. Personally, I find the thesis that there are many types of intelligence to be more persuasive, but... Read More

Children in nonsmoking families have higher levels of secondhand exposure if they live in multifamily dwellings
Posted on 15 May 2011 by Thomas H. Clarke, Jr.

Prior posts have noted some of the chemical and adverse health effects that arise from the smoking of tobacco; a recent post also discussed the science developed to date regarding so-called thirdhand smoke. Children who grow up in apartment buildings... Read More

Three new studies conclude that prenatal pesticide exposure lowers IQ
Posted on 1 May 2011 by Thomas H. Clarke, Jr.

Before noting the studies, I should note that I am very skeptical about what it is that IQ tests measure, and whether they are measuring it accurately. Personally, I find the thesis that there are many types of intelligence to be more persuasive, but... Read More

BPA exposure may be underestimated because of laboratory method used
Posted on 14 Jun 2011 by Thomas H. Clarke, Jr.

Prior posts have discussed various animal studies that have reported the potential for adverse impacts from BPA exposure, as well as the controversial conclusions of FDA under President Bush in assessing the risk of such exposure to humans. Recently... Read More

Ongoing exposure of numerous individuals to wind blown toxic materials comes within "mass action" exception to removal pursuant to the Class Action Fairness Act
Posted on 17 Jun 2013 by Thomas H. Clarke, Jr.

In Abraham v. St. Croix Renaissance Group , 2013 U.S. App. LEXIS 9899 (3rd Cir. 2013), Defendant sought to remove the case pursuant to Class Action Fairness Act ("CAFE"). Plaintiffs (459 in number) alleged that defendant purchased the site at... Read More

In a smallish room, body heat draws particles near, enhancing inhalation
Posted on 23 Jun 2010 by Thomas H. Clarke, Jr.

Most models involving inhalation of particulates of various sorts (e.g., microbes, pollen, dust, toxins) assume a somewhat even distribution of the particulates in the air that is inhaled. While such an assumption helps to simplify exposure calculations... Read More

Obesity impacts memory & concentration, providing an alternative explanation to harm claimed from a toxic exposure
Posted on 19 Sep 2011 by Thomas H. Clarke, Jr.

Prior posts have noted that the key to toxic torts is causation. Prior posts have also noted some potential alternative factors that should be considered when various types of harm are alleged that supposedly result from a toxic tort. Now, obesity may... Read More

Exposure to certain PDBE flame retardants are associated with lower scores on tests of mental and physical development in children up to 6 years of age
Posted on 31 May 2010 by Thomas H. Clarke, Jr.

A prior post noted the association between PDBE flame retardants and time to pregnancy. Because PDBE's are persistent and bioaccumulative, they have become ubiquitous in the environment. Animal studies have indicated that prenatal PBDE exposure... Read More

Assembly Bill 227 – An Ineffective Attempt To Reform California's Proposition 65
Posted on 21 May 2013 by Thomas H. Clarke, Jr.

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... Read More