Bayer Settles Most of Roundup Claims

The Bayer Corporation, headquartered in Germany, has resolved most of the claims lodged against it based on exposure to its widely-used pesticide Roundup.

Attorney General Asks Private Enforcers to Grant Requests for Extensions of 60-Day Notice Period Due to COVID-19

On June 5, 2020, the Attorney General sent a letter to 28 law firms representing private Prop. 65 enforcers. The letter, authored by Supervising Deputy Attorney General Harrison M. Pollak, asks Prop. 65 private enforcers to cooperate with Public Prosecutors and alleged violators in extending the 60-day notice period for "60-day notices issued during, or shortly before, [Governor Newsom's] emergency proclamation."

State AGs Push EPA to Broaden Proposed Drinking Water Standard for PFAS

California Attorney General Xavier Becerra has joined with the AGs of 21 other states to applaud U.S. EPA's proposal to establish national drinking water standards for two per- and polyfluoroalkyl substances (PFAS).

Methylene Chloride Final Risk Assessment is First Under Revised TSCA

U.S. EPA has made methylene chloride the first existing chemical to have a final risk assessment under the 2016 version of the Toxic Substances Control Act (TSCA).

Federal Judge Issues Final Injunction Banning Prop. 65 Warning for Glyphosate

On June 22, U.S. District Court Judge William Shubb issued his final ruling in National Association of Wheat Growers v. Zeise, banning enforcement of the requirement that manufacturers of glyphosate containing pesticides attach a Proposition 65 cancer warning to their products.

Attorney General Issues Letters to Private Enforcers Finding Notices Regarding Laboratory Chemicals and Phthalates in Cables Lack Merit

In April and May 2020, the Attorney General sent letters to two private Proposition 65 enforcers. The letters, authored by Deputy Attorney General Susan Fiering, advised attorneys Benjamin D. Weston and Gregory Sheffer that certain 60-day notices they served lacked sufficient factual information to establish the bases for the certificates of merit. The Attorney General thus requested that the notices be withdrawn.

OEHHA Alters Proposed Update to Drinking Water Goal for Pesticide DBCP

The Office of Environmental Health Hazard Assessment (OEHHA) has issued a revised proposal updating its public health goal (PHG) for 1-2-dibromo-3-chloropropane (DBCP) in drinking water.

Ninth Circuit Invalidates Registrations of Dicamba Pesticides

The Ninth Circuit Court of Appeals has voided U.S. EPA's 2018 registration of three herbicides containing the active ingredient dicamba.

California AG Leads Coalition of State Asking that EPA Start Over With TSCA Asbestos Evaluation

California Attorney General Xavier Becerra and Massachusetts AG Maura Healey lead a coalition of 14 attorneys general who are asking U.S EPA to withdraw its current asbestos draft risk evaluation under TSCA and to start over with a new evaluation curing the current version's flaws.

EPA Announces Beginning of CDR Reporting Period

U.S. EPA has announced the commencement of the 2020 Chemical Date Reporting (CDR) Period pursuant to the Toxic Substances Control Act (TSCA). Reporting under EPA's CDR rule will commence on June 1, 2020 and end on November 30, 2020.

NTP Report Likely to Lead to PFOA Prop. 65 Carcinogen Listing

The National Toxicology Program (NTP) has released the results of a study of laboratory rat exposure to perfluorooctanoic acid (PFOA). The study is likely to result in the listing of PFOA as a Proposition 65 carcinogen due to the NTP's status as an "authoritative body" under the Proposition.

9th Circuit Rebukes EPA Over Delayed Response to Pesticide Petition

The 9th U.S. Circuit Court of Appeals has given the U.S. Environmental Protection Agency (EPA) 90 days to respond to a petition requesting cancellation of the pesticide tetrachlorvinphos (TCVP), calling its failure to respond after more than a decade "egregious."

OEHHA Proposes Safe Harbor Levels for Water Disinfection Byproducts

The Office of Environmental Health Hazard Assessment (OEHHA) has proposed safe harbor levels for three haloacetic acids listed as carcinogens under Proposition 65—dibromoacetic acid, dichloroacetic acid and trichloroacetic acid.

Judge Rules that Plaintiff Cannot Rely on Notice in Earlier Prop. 65 Action

A U.S. District Court judge has ruled that plaintiffs in a Proposition 65 private enforcement action cannot rely on a 60-day notice in an earlier, similar case to meet the notice requirement in their case.

OEHHA Issues New Fact Sheets on Household Appliances, Flame Retardants

The Office of Environmental Health Hazard Assessment (OEHHA) has issued three new fact sheets on potential exposures to Proposition 65 chemicals.

60-Day Notice Trends: May 2020

Private Proposition 65 enforcers were busy again this month. Through May 20, 2020, private enforcers have served 102 notices.

Does Citizens of Humanity Support Malicious Prosecution Claims Against Frivolous Prop. 65 Actions?

The Court of Appeal for the Fourth Appellate District's recent decision in Citizens of Humanity, LLC v. Hass (D074790 February 21, 2020) may or may not provide support for malicious prosecution claims against private Proposition 65 enforcers who bring frivolous actions, according to Erick Swanholt and Hillary Vedvig, attorneys with Foley & Lardner, in a recent article.

EPA Clarifies Expected Time Frame For Release of Final TSCA Risk Evaluations

The U.S. Environmental Protection Agency has confirmed that it is unlikely to meet its deadline for finalizing the first ten chemical risk evaluations under the 2016 amendments to the Toxic Substances Control Act.

State Water Board Fines Laboratory for Alleged Misrepresentations

The State Water Resources Control Board (SWB) has fined Western Analytical Laboratories, Inc. $90,000 and rejected the lab's pending accreditation renewal claiming the company falsified wastewater analysis data.

Prop. 65 Defense Coalition Asks Governor Newsom to Delay Private Enforcement Actions Due to COVID-19

On May 5, 2020, a group of consumer product manufacturers and retailers lead by the Consumer Brands Association (Consumer Brands) sent a letter to Governor Gavin Newsom asking him to delay private Prop. 65 enforcement actions in light of the global COVID-19 pandemic.