toxics

No More ‘House of Horrors’ Thanks to These New Laws

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Halloween is the one time when we welcome ghouls, ghosts, and goblins coming to our homes (and, if your neighborhood is anything like mine, a variety of tiny superheroes). This season, however, the Legislature is dealing with a different kind of house of horrors: dangerous chemicals in everyday products that affect millions of Californians’ health. …

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Everywhere and Forever All at Once: PFAS and the Failures of Chemicals Regulation

Environmental law helped create a world awash in toxic chemicals. It’s time to think about how regulation can operate as a form of green industrial policy for chemicals.

This post was originally published on the Law & Political Economy Blog as “How Environmental Law Created a World Awash in Toxic Chemicals.”  Earlier this spring, the Biden administration finalized two important rules targeting a small subset of so-called forever chemicals: one establishing drinking water standards for six such chemicals and the other designating two …

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Deregulation, Normal Accidents, and the Airborne Toxic Event

What can we learn from the East Palestine train wreck?

Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away.  Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms …

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The Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022

Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year

I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law.  That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …

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Trump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California

Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year

Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …

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Flame Retardants, Furniture, and Polar Bears

One woman’s search for a toxics-free couch in California

A year and a half ago, I found myself in a position that has caused so many people to rethink the world around them: impending parenthood. One of the many changes I decided to make in advance of welcoming our little bundle of joy was to procure a couch without flame retardants. Flame retardants have …

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Supreme Court: North Carolina Tort Plaintiffs Can’t Sue for Latent Injuries from Contaminated Sites

Court holds that federal law doesn’t preempt state statutes of repose

This morning, the U.S. Supreme Court issued its decision in CTS Corp. v. Waldburger.   In this case, which my colleague Jesse Lueders described and analyzed in detail here and here, the Court had to decide whether state statutes of repose can bar tort lawsuits by people harmed by latent injuries from toxic contamination, by imposing …

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A new treaty on global mercury: not much, but better than nothing

Next week in Japan, an international diplomatic meeting will sign and adopt a new environmental treaty, the Minamata Convention on Mercury Pollution, which was finalized in negotiations earlier this year. In its name – and in locating the conference in Minamata and the nearby city of Kumamoto, in Kyushu– the convention commemorates the victims of …

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New Chemical Regulations Go Live in California

Making Prevention Real?

Today, after years of discussions and drafts, California’s new Safer Consumer Product regulations take effect.  They create a comprehensive chemicals regulatory scheme having three steps: identification and prioritization of consumer products containing chemicals of greatest concern (“product-chemical combinations”); performance of “alternative analyses” by the manufacturers of those high priority product-chemical combinations; and selection of regulatory responses …

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Pesticide Registration: Time for an Upgrade

UCLA Study Offers Recommendations to Improve the Pesticide Approval Process in California

We love our fresh fruits, vegetables and nuts in California.  They are healthy for us and for our economy; California leads the nation with agricultural revenues of over 44 billion dollars annually, and produces nearly half of the fruits, nuts and vegetables grown in the U.S.  But modern agriculture relies heavily on fumigants to produce this bounty …

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