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Category: Environmental Law

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 […]

Comments Accepted Through Wednesday August 31 on TDCPP in Foam Padded Sleeping Products

Wed Aug 31st, On Environmental Law, by

The Department of Toxic Substances Control (DTSC) has identified children’s foam-padded sleeping products that contain the flame retardant TDCPP as an Initial Priority Product pursuant to the Safer Consumer Products Act. These polyurethane foam-padded sleeping products include: Nap mats and cots Sleep positioners Travel Beds Bassinet foam Portable crib mattresses Play pens Car bed pads TDCPP, also known as chlorinated tris or tris(1,3-dichloro-2-propyl) phosphate, is considered a carcinogen by California’s […]

Ninth Circuit Rules No Incidental Take For Endangered Plants Under ESA

Tue Aug 30th, On Environmental Law, by

On August 15, 2016, the Ninth Circuit ruled that ESA does not require an Incidental Take Statement for endangered plants. In Center for Biological Diversity, et al., v. Bureau of Land Management, the Bureau of Land Management was challenged for failing to include a Biological Opinion with an “Incidental Take Statement” for a “threatened species” under the Endangered Species Act, a plant known as the Peirson’s milkvetc, in BLM’s analysis […]

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