Environment & Natural Resources

A month in advance of its October 31, 2013 statutory deadline, California’s Department of Toxic Substances Control (DTSC) on September 26, 2013 released its preliminary lists of Candidate Chemicals under the state’s newly enacted Green Chemistry Initiative.  The Green Chemistry regulations, which officially took effect today, require certain “Priority Products” to go through a

Retailers need to begin thinking right now about how they will handle their compliance obligations under the new Safer Chemicals Regulations in California, which go into effect on October 1, 2013.  Under the regulations, identified Chemicals of Concern will be paired with Priority Products and then Responsible Parties will be required to submit an alternatives

On Wednesday, September 4, 2013 from 2:00-3:30 pm EST, a Crowell & Moring team of regulatory and public policy attorneys, along with a subject-matter expert from Exponent, will host a webinar examining the current status of TSCA modernization efforts and the potential impacts on manufacturers and importers.  The discussion will include an analysis of the

The Juvenile Products Manufacturers Association (JPMA) announced today a legislative proposal to ensure that car seats manufactured for sale in the United States no longer need to contain allegedly hazardous flame retardant (FR) chemicals. The bill, which will likely be introduced later this week, allows manufacturers the flexibility they need to build car seats that

Retailers face serious challenges in complying with their obligations under Resource Conservation and Recovery Act (“RCRA”) and other federal environmental statutes in light of the wide variety of retail products covered by EPA’s waste disposal regulations. EPA recently expressed its intent to consider future rulemaking under RCRA governing retail products unsold, returned, or removed from

The Environmental Protection Agency (“EPA”) has announced that it plans to explore future rulemaking on the management of “waste retail products” under the Resource Conservation and Recovery Act (“RCRA”).  Waste retail products include unsold or returned retail products which may at some point become hazardous waste under current RCRA regulations.  According to the Unified Agenda

By email dated December 14, 2012, the Environmental Protection Agency (EPA) withdrew its controversial direct final rule requiring the reporting of existing and unpublished health and safety data for cadmium and cadmium compounds used in consumer products pursuant to section 8(d) of the Toxic Substances Control Act (TSCA). In its email, EPA admitted that "there is significant confusion and uncertainty within certain industrial sectors concerning the rule." EPA went on to indicate that it "will withdraw the immediate final rule and will sign a Federal Register notice announcing this decision no later than the January 2, 2013, effective date of the immediate final." EPA will be considering the questions and concerns raised in response to the immediate final rule and next steps with regard to this rule.

Continue Reading EPA Reverses Course and Promises to Withdraw TSCA Section 8(d) Cadmium Rule

Although not approved by the FDA, triclosan is a common antibacterial agent in a number of household cleaning and personal hygiene products sold in the United States, including soaps, deodorants, hand-sanitizers, toothpastes, and mouth wash. In recent years, manufacturers have also expanded the use of triclosan as an antimicrobial in cosmetics, socks, workout clothes, and

On July 27, 2012, California released a revised draft of its Safer Consumer Products Regulations—commonly known as the "Green Chemistry Initiative." The proposed regulations establish a process for California’s Department of Toxic Substances Control (DTSC) and product manufacturers to assess whether consumer products containing certain "chemicals of concern" can be made with safer ingredients. Once

Readers of the Retail Law Observer are invited to join us on Tuesday, January 24, 2012 at 2:00 p.m. EDT for a complementary webinar entitled “Is California a Canary in the Coalmine? Emerging Trends and the Future of Chemical Regulation in California.” I will moderate the panel, which will include Crowell & Moring partners Warren