Monthly Archives: September 2016

Public Comment Period To Begin On California’s Proposal To Allow For Continued Use Of “Point-Of-Sale” Prop 65 Warnings For BPA

Wed Sep 21st, On Environmental Law, by

On September 16, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed the re-adoption of an emergency regulation that allows temporary use of a standard point-of-sale Proposition 65 “safe harbor” warning for bisphenol A (BPA) exposures to consumers from canned and bottled foods and beverages.  The emergency regulation, which became effective April 18, 2016, is in effect for a limited time of 180 days and will expire on […]

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Aerial Deposition of Hazardous Substances – A Look at Pakootas v. Teck Cominco Metals, Ltd.

Mon Sep 12th, On Environmental Law, by

On July 27, 2016, the Ninth Circuit Court of Appeals reached a decision in Pakootas v. Teck Cominco Metals, holding that the defendant – a Canadian smelter operator – is not liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for aerial emissions of various hazardous substances that were subsequently deposited onto and into the Upper Columbia River Site in Washington state.  The court reasoned that the defendant […]

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California Adopts Amendments to Prop 65 Clear and Reasonable Warnings Regulation

Fri Sep 9th, On Environmental Law, by

California’s three-year effort to improve and clarify Proposition 65 “clear and reasonable” warning requirements has culminated with the adoption of a new regulation proposed by the Office of Environmental Health Hazard Assessment (OEHHA) last November. On August 30, 2016, the Office of Administrative Law approved the adoption of amendments to Article 6, Clear and Reasonable Warnings, of the California Code of Regulations. The new regulation provides, among other things, new […]

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