Insight and Information for the Environmental & Natural Resource Industry
As reported by the Associated Press, the California Department of Toxic Substances Control (“DTSC”) has issued a report claiming that nail polish has been sold in the State containing the chemicals toluene, dibutyl phthalate (DBP), and formaldehyde, which the agency has referred to as “the toxic trio.”
The agency’s report noted that the use of the chemicals…
As I last reported here, regulation of hydraulic fracturing is poised to be a hot topic in California this legislative session. Last session’s AB 591 stalled in the Senate due to outstanding issues over the mandatory reporting of hydraulic fracturing fluid components and confidentiality issues based on trade secret concerns.
The application of a…
Yesterday, Governor Brown appointed George Alexeeff as the Director of the Office of Environmental Health Hazard Assessment (OEHHA) at the California EPA. Alexeeff has been the deputy director since 1998 and has worked at the department since 1988. He has a doctorate in pharmacology and toxicology from U.C. Davis.
Among other duties, OEHHA is responsible…
A Proposition 65 (“Prop 65”) plaintiff has issued the first 60-Day Notice of Violation concerning 4-Methylimidazole (4-MEI). 4-MEI, a chemical compound used to make certain products, is one of the over 850 chemicals on California’s Prop 65 list of chemicals known to cause cancer or reproductive harm. 4-MEI was placed on the Prop 65 list in…
Last week a “concerned citizen” acting in the “interest of the general public” filed a rash of Proposition 65 (“Prop 65”) lawsuits against retailers for their sale of drinking game kits in California. Prop 65 threatens to impose penalties of up to $2,500 per violation, plus attorneys’ fees and costs, if a business knowingly and…
Yesterday the California Attorney General’s office sent a letter to the Proposition 65 plaintiffs’ bar regarding the use of releases in Proposition 65 cases. The AG’s letter noted that it is concerned about releases in Prop 65 cases that have been given “in the public interest.” The letter noted that these releases are typically problematic when they attempt…
In a decision reflecting perhaps the worst-case scenario for the redevelopment community, the California Supreme Court largely upheld Assembly Bill X1 26, which requires the dissolution of redevelopment agencies across the State, but invalidated Assembly Bill X1 27, which would have given redevelopment agencies an option of continuing to exist if the agencies…
Last month, I blogged about lead in brass handrails as a potential new Prop 65 trend. The same plaintiff who issued the Proposition 65 notices concerning brass in handrails at amusement parks (the Mateel Environmental Justice Foundation) has just issued another similar notice. This time, the notice alleges that a large restaurant chain exposed California consumers…
For information on interesting developments regarding the California’s siting jurisdiction, read the blog post by my colleague, Allison Smith.
Earlier this month, a consumer watchdog group published a document arguing that certain bath products continue to contain a preservative that includes formaldehyde and possibly 1,4-Dioxane. This same organization filed a report in 2009, which resulted in lawsuits under California’s unfair competition law (“UCL”; § 17200 of the California Business and Professions Code) and Proposition…
