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November 14, 2023

Ninth Circuit Finds Glyphosate Prop 65 Warning Unconstitutional

On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered a permanent injunction enjoining the California Attorney General from enforcing Proposition 65’s (Prop 65) carcinogen warning requirement for the herbicide glyphosate. National Ass’n of Wheat Growers et al. v. Bonta (Opinion).The Ninth Circuit found that requiring the...
November 2, 2023

OEHHA Re-proposes Significant Changes to Short-Form Warning Option

On October 27, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). OEHHA first proposed changes to the short-form warning requirements on January 8, 2021, with modifications proposed on December 13, 2021, and April 5, 2022. Industry was harshly critical of OEHHA’s proposal in written comments and during a...
October 18, 2023

California Attorney General Issues Enforcement Advisory Letter to Warn Companies of Responsibility to Disclose Presence of PFAS

California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...
October 11, 2023

California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...
June 12, 2023

DPR Issues Notice on Pesticide Program Annual Processing Timelines

On June 8, 2023, the California Department of Pesticide Regulation (DPR) issued Notice 2023-07: Pesticide Registration Program Annual Processing Timelines. Under Notice 2023-07, DPR sets forth its annual report summarizing the past five years of registration and post-registration activities. This includes the number of pesticide product registration and amendment submissions received and processed, and average number of days to complete different types of registration submissions are also...
November 15, 2022

California Sues PFAS Manufacturers

On November 10, 2022, California filed suit in California Superior Court against the manufacturers of per- and polyfluoroalkyl substances (PFAS) “for endangering public health, causing irreparable harm to the state’s natural resources, and engaging in a widespread campaign to deceive the public.” According to California Attorney General Rob Bonta’s November 10, 2022, press release, California “alleges that these manufacturers, including 3M and DuPont, knew or should have known that...
November 7, 2022

DPR Announces Agreement with Amazon to Pay Nearly Five Million Dollars for Illegal Pesticide Sales in California

On November 3, 2022, the California Department of Pesticide Regulation (DPR) announced it reached a settlement agreement with Amazon.com Services, LLC (Amazon) regarding the illegal sale of pesticides in California. According to DPR, its review of Amazon uncovered multiple violations. Among them, it sold unregistered pesticides in California, failed to report and pay required mill assessment fees associated with the sale of registered pesticides in California, and failed to hold a...
October 28, 2022

CDTSC Will Hold Engagement Sessions in November on a Definition of Sustainable Chemistry

The California Department of Toxic Substances Control (CDTSC) invites stakeholders to two external engagement sessions, on November 1 and November 3, 2022, to share their perspectives on an actionable definition of sustainable chemistry. CDTSC states that stakeholders’ participation and expertise can help refine a draft, consensus definition and set of criteria for sustainable chemistry. According to CDTSC, the draft definition and criteria were developed over the past six months by a...
October 28, 2022

CDTSC Will Hold Engagement Sessions in November on a Definition of Sustainable Chemistry

By Lynn L. Bergeson and Carla N. Hutton   The California Department of Toxic Substances Control (CDTSC) invites stakeholders to two external engagement sessions, on November 1 and November 3, 2022, to share their perspectives on an actionable definition of sustainable chemistry. CDTSC states that stakeholders’ participation and expertise can help refine a draft, consensus definition and set of criteria for sustainable chemistry. According to CDTSC, the draft definition and criteria...
June 6, 2022

DPR Announces Public Workshops on Development of Statewide Pesticide Application Notification System

On May 25, 2022, the California Department of Pesticide Regulation (DPR) announced that it will hold three public workshops to collect feedback on the next phase of design and development for DPR’s pesticide application notification system. DPR states that the workshops will be hosted online via Zoom and facilitated by the UC Davis Center for Regional Change. Each workshop will follow the same format, including a brief overview of the proposed design for the statewide...
April 26, 2022

OEHHA Announces Modification to Proposed Regulation on Safe Harbor Warnings for Glyphosate and Addition of Documents to Rulemaking File

On April 13, 2022, the Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Modification to Proposed Regulation on Safe Harbor Warnings for Glyphosate and Addition of Documents to Rulemaking File (Notice). OEHHA first proposed this regulation by publishing a Notice of Proposed Rulemaking on July 23, 2021. OEHHA provided a 75-day comment period on the original proposal and its Initial Statement of Reasons (ISOR), including an extension to file comments until...
November 11, 2021

California DTSC Announces GRSP Meeting To Discuss Microplastic Research And Policy

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.   GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC...
October 13, 2021

California DTSC Announces GRSP Meeting To Discuss Microplastic Research And Policy

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.   GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC...
October 16, 2020

California to Consider Prop 65 Listing for Glyphosate, Neonicotinoids, and Other Substances

On October 6, 2020, the California Developmental and Reproductive Toxicant Identification Committee (DARTIC) announced it will be meeting on December 11, 2020, to discuss the possible developmental and reproductive toxicity (DART) of 22 chemical substances and chemical groups, including glyphosate and its salts, and three neonicotinoid pesticides (acetamiprid, clothianidin, and imidacloprid).  DARTIC is composed of scientists who advise California’s Office of Environmental Health...
August 11, 2020

Judge Suggests New TSCA Section 21 Petition Be Filed Regarding Fluoride in Drinking Water

On July 31, 2020, the plaintiffs and EPA filed a joint case management statement in the U.S. District Court for the Northern District of California case seeking a rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the addition of fluoridation chemicals to drinking water supplies.  Food & Water Watch, Inc. v. EPA, Case No. 3:17-cv-02162-EMC.  As reported in our June 12 and June 22, 2020, blog items, the court held a bench trial that...
June 30, 2020

District Court Rules That Prop 65 Warning for Glyphosate Is Barred by the First Amendment and Grants Permanent Injunction against Enforcement

On June 22, 2020, the U.S. District Court for the Eastern District of California granted summary judgment for the Plaintiffs in National Association of Wheat Growers et. al. v. Becerra, and entered a permanent injunction against enforcement of a Proposition 65 (Prop 65) warning label for pesticide products containing glyphosate.  The court found that requiring the registrants of glyphosate products to include such a warning could not be justified as a valid restriction on commercial...
February 14, 2020

Corteva Announces It Will Cease Production of Embattled Insecticide Chlorpyrifos

On February 6, 2020, Corteva Agriscience (Corteva), announced it will discontinue all production of the organophosphate (OP) insecticide chlorpyrifos by the end of the year.  Corteva and its corporate predecessor, Dow AgroSciences, have been the principal global manufacturers of chlorpyrifos.  Corteva announced that its decision to stop selling chlorpyrifos was based entirely on financial considerations.  This announcement came on the same day that Corteva had previously agreed it...
August 16, 2019

California DPR Issues Cancellation Notices for Chlorpyrifos, and Establishes a Work Group to Recommend and to Develop Alternatives to Chlorpyrifos

On August 14, 2019, the California Department of Pesticide Regulation (DPR) issued cancellation notices to thirteen California registrants of pesticide products containing chlorpyrifos, including Dow Agrosciences LLC (now Corteva).  Each of these notices is referred to as an “Accusation,” and each affected registrant has 15 days to request a hearing concerning the proposed cancellation.  DPR’s issuance of these notices followed a final decision by...
July 12, 2019

CARB Approves Rule Requiring Transition To Zero-Emission Airport Transport Vehicles

By Lynn L. Bergeson On June 27, 2019, the California Air Resources Board (CARB) approved a rule requiring the gradual transition of fixed-route airport shuttles into 100 percent zero-emission vehicles (ZEV) by 2035. Applied to public and private shuttles that serve the state’s 13 largest airports, including rental car agencies, hotels, and parking facilities, the regulation was approved with an expectation to reduce greenhouse gas (GHG) emissions by at least 500,000 metric tons. According...
June 28, 2019

California DTSC Hosts Public Workshop On 1,4-Dioxane

By Lynn L. Bergeson On June 28, 2019, the California Department of Toxic Substances Control (DTSC) will host the first public workshop on 1,4-Dioxane in Personal Care and Cleaning Products. 1,4-Dioxane, a solvent and stabilizer for chlorinated solvents, which is produced from both petroleum sources and from biobased ethylene oxide, has been identified by DTSC as a likely human carcinogen and an emerging contaminant found in beauty, personal care, hygiene, and cleaning products. DTSC is...