On April 15, 2020, the California Environmental Protection Agency, the umbrella agency for California’s environmental boards, departments, and offices (e.g., CARB, DPR, DTSC, OEHHA, SWRCB) issued a Statement on Compliance with Regulatory Requirements During the COVID-19 Emergency. The Statement comes in the wake of numerous questions regarding environmental compliance obligations for California facilities impacted by COVID-19. It follows COVID-19 guidance issued by U.S. EPA and various announcements by the state boards and local districts that are on the front lines of administering state, local, and federal environmental programs affecting public health and the environment, as well as companies operating facilities in California, like refineries, oil and gas terminals, mining, food processing, and other manufacturing operations.
Continue Reading CalEPA, Stepping into the Perceived Breach, Issues COVID-19 Regulatory Compliance Statement

Safe Harbor regulations were implemented in August 2016 to require “clear and reasonable” warnings of the potential danger of exposure to consumers. Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome pick up their discussion, this time exploring aspects of the Safe Harbor regulations and the expectations for companies with products sold in California.
Continue Reading VIDEO Inside Look: California Prop 65 Safe Harbor Regulations

California Prop 65 has allowed a slew of lawsuits to be brought by plaintiff attorneys against consumer retailers with products that end up in California.  Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome walk through the process for Prop 65 60-day notices and tactics companies can use to respond.
Continue Reading VIDEO Inside Look: California Prop 65 60-Day Notices

California Prop 65 is designed to reduce exposures to chemicals that are known to cause cancer and reproductive harm, but it has become a flash point in California environmental law. Hunton Andrews Kurth partners Malcolm Weiss and Shannon Broome outline the regulations and the impacts on businesses with products in California.
Continue Reading VIDEO Inside Look: California Prop 65

Legalization of medicinal and adult-use cannabis in California has fomented a surge of seed-to-sale companies angling to lure market share from a sea of customers. The water may soon be agitated, however, by the Office of Environmental Health Hazard Assessment (OEHHA). OEHHA is the lead California agency that oversees implementation of Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986. OEHHA recently announced that it has selected cannabis (marijuana), marijuana (cannabis) smoke, cannabis extracts, and delta-9-Tetrahydrocannabinol (THC) for review for possible listing under Proposition 65 as chemicals that cause reproductive toxicity. If the Developmental and Reproductive Toxicant Identification Committee (DARTIC) determines that these chemicals cause reproductive toxicity based upon “scientifically valid testing according to generally accepted principles,” marijuana in its various forms will likely join a list of more than 900 chemicals known to the state to cause cancer, birth defects, or other reproductive harm. Companies that cultivate, distribute, and/or sell marijuana and products containing marijuana in California would then be required to warn consumers—and possibly employees and passersby—that exposure to these listed chemicals can cause reproductive harm.
Continue Reading Proposition 65 Update: California’s OEHHA Starts Process to List Marijuana as a Reproductive Toxicant

In August 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) adopted new regulations that replaced Prop 65’s “clear and reasonable” warning provisions. These new regulations, which allocate responsibility for providing warnings on consumer products sold in California and include new criteria for “safe harbor” warnings, become operative on August 30, 2018.
Continue Reading New California Proposition 65 Warning Regulations: What Businesses Need To Know Before August 30, 2018

Prop. 65 requires warnings be given to Californians prior to exposing them to even minute amounts of any of the 900+ chemicals listed as causing cancer or reproductive harm. The law has been on the books for 30 years. 2016 saw noteworthy amendments to the “safe harbor” warning provisions. These new regulations may be found in the California Code of Regulations (CCR) Title 27, Section 25600. These amendments alter the relationships between entities in the chain of commerce, particularly as between retailers and their vendors, but also place added burdens on all businesses that need to comply with Prop. 65. We expect the recent amendments to the Prop. 65 warning regulations to increase litigation and the numbers of claims filed by plaintiff lawyers. Understanding the regulations and the risks involved is vital in helping businesses reduce their potential liability.
Continue Reading Challenges in Complying with New Proposition 65 Regulations