The California Office of Environmental Health Hazard Assessment (“OEHHA”) recently modified the text of its proposed Proposition 65 regulation regarding warnings for chemicals formed in foods by cooking or heat processing (most frequently associated with the formation of the carcinogen acrylamide during the cooking process). OEHHA removed two food categories from the warning requirement (almond
Advanced Clean Trucks Rule — California announces extension of large entity reporting deadline
As we reported last year, the California Air Resources Board (“CARB”) adopted the Advanced Clean Trucks regulation to support its efforts to reduce air pollutants and meet state climate change targets. The regulation has a one-time reporting requirement for large entities that operate or dispatch vehicles in California with a manufacturer’s gross vehicle weight rating (“GVWR”) greater than 8,500 lbs. That includes medium duty vehicles like vans and ¾-ton pickups (i.e., the F250 or Ram 2500) and heavier vehicles of all configurations and fuel types. However, the regulation does not apply to lighter vehicles such as cars and light duty pickups, among other exemptions.
This regulation applies to a wide range of businesses. Examples include entities that meet any of the following criteria:
- Had gross annual revenues greater than $50 million in the United States for the 2019 tax year, and had one or more vehicles over 8,500 lbs. GVWR under common ownership or control that were operated in California in 2019; or
- Any fleet owner in the 2019 calendar year that had 50 or more vehicles over 8,500 lbs. GVWR under common ownership or control; or
- Any broker or entity that dispatched 50 or more vehicles over 8,500 lbs. GVWR into or throughout California, in the 2019 calendar year.
California proposes revisions for marijuana smoke and THC Proposition 65 warnings
The California Office of Environmental Health Hazard Assessment (OEHHA) seeks to amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to add specific tailored “safe harbor exposure warning methods and content” for retail products that can expose consumers to cannabis (marijuana) smoke or delta-9-THC via inhalation, ingestion,
California to increase fuel sample analysis during ocean-going vessel inspections
Beginning in May 2021, California Air Resources Board (“CARB”) enforcement staff will begin additional analysis of fuel samples taken during ocean-going vessel inspections. CARB is seeking to improve compliance due to changing international regulatory sulfur limits, which has created situations where a vessel’s fuel may meet international and California regulatory sulfur limits, but not meet
Upcoming public hearing announced regarding California modifications to use of “Short-Form” Proposition 65 warnings
As we reported, the California Office of Environmental Health Hazard Assessment (OEHHA) seeks to significantly amend the regulations under the Safe Drinking Water and Toxic Enforcement Act of 1986 (aka “Proposition 65”) to revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products. If passed as proposed, manufacturers,
California seeks to significantly restrict optional use of Proposition 65 “short-form” warnings on consumer products
The California Office of Environmental Health Hazard Assessment (OEHHA) has proposed to significantly amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65, to revise the method of transmission and content of State-approved “safe harbor” short-form warnings for consumer products.
OEHHA believes implementation of the warning regulations has revealed
ICYMI: Horizon Scanning: 2021 Environmental, health & safety law in the United States
Reed Smith’s U.S. based environmental team recently held a CLE webinar on what US environmental, health and safety legal and regulatory changes we can expect in 2021. The webinar provided an insightful discussion on environmental policy and topics including:
- Environmental Policy With Biden Win: Anticipating new federal regulation and enforcement actions
- United States Supreme Court:
ICYMI: California to conserve land, coasts to capture carbon and fight climate change
California has joined dozens of nations in a global pact to preserve biodiversity and prevent species loss by pledging to conserve 30 percent of the state’s land and coastal water by 2030 (“30 by 30”). Governor Gavin Newsom signed the executive order earlier this month, which also directs the state to streamline approval of land
California going electric: Sale of new gasoline-powered cars banned in 2035
California will ban the sale of new, gasoline-powered cars by 2035, an aggressive action by Governor Gavin Newsom to combat the causes of climate change.
The executive order Newsom signed will require that all new passenger vehicles sold in California beginning in 2035 be “zero-emission.” That category currently includes battery-powered electric cars and those running on hydrogen fuel cells. The ban will also include hybrid and plug-in hybrid vehicles that still use some gasoline or diesel in addition to electricity. Older gasoline-powered cars on the road after 2035 and sales of used gasoline-powered cars would still be allowed. The order further directs that all new medium- and heavy-duty trucks be zero-emission by 2045, which aligns with the state’s goal to eliminate all net emissions from its economy by 2045.Continue Reading California going electric: Sale of new gasoline-powered cars banned in 2035
California challenging recent district court decision to limit Proposition 65 warnings on First Amendment ‘compelled speech’ grounds
We recently reported on a potentially seminal California court decision that struck down Proposition 65 warning requirements for a consumer product on grounds of “compelled speech.” As anticipated, the State is appealing the decision to the U.S. Court of Appeals for the Ninth Circuit, according to a notice filed Wednesday, September 9th.
The State Office of Environmental Health Hazard Assessment listed glyphosate as a chemical known to the State to cause cancer in 2017 under Proposition 65 despite the fact that almost all other government agencies found there to be insufficient or no evidence that glyphosate causes cancer. However, the State followed the International Agency for Research on Cancer’s classification of glyphosate as “probably carcinogenic,” contrary to the majority. In a major win for farming groups and herbicide makers, the Court held ruled in National Association of Wheat Growers v. Zeise that the State could not compel companies to provide a warning (compelled speech) without adequate governmental justification, a violation of the First Amendment freedom of speech.Continue Reading California challenging recent district court decision to limit Proposition 65 warnings on First Amendment ‘compelled speech’ grounds