Memoranda

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass’n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment, even if the interpretative rule construes a substantive (or “legislative”) rule previously issued by the agency and even if the interpretative rule alters a prior interpretation of the same rule. In the Perez decision, the Court explicitly...

Background The Senate over the past several years has considered a number of legislative texts to amend the Toxic Substances Control Act (TSCA). These include the Safer Chemicals Act, several versions of which were introduced by Senator Frank Lautenberg (D-NJ), with the most recent in 2013, and the Chemical Safety Improvement Act (S. 1009, CSIA) introduced by Senators Lautenberg and David Vitter (R-LA) in 2013. Senator Lautenberg died shortly after CSIA’s introduction and over time...

New York Times (March 6, 2015)” data-title=”TSCA Reform: “Tom Udall’s Unlikely Alliance With the Chemical Industry” New York Times (March 6, 2015)”> Headlines in The New York Times (NYT) describing a cozy relationship between a liberal Democratic Senator from New Mexico and the chemical industry is not a common occurrence. In this case, understanding the coverage reveals the story of an even more sordid and murky world of political...

On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S. Environmental Protection Agency. In this Notice, DPR describes the four types of applications that may be submitted concurrently to DPR and to the U.S. Environmental Protection Agency (EPA), the procedure applicants should follow to request concurrent submission, and how...

On February 9, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published the “Enforcement Guidance for the Hazard Communication Standard’s (HCS) June 1, 2015 Effective Date” (Guidance). The Guidance offers important insights into OSHA’s HCS enforcement strategy and is a must read for stakeholders. Bergeson & Campbell, P.C., The Acta Group, and 3E Company, a Verisk Analytics business, will present a...

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used in an urban area. The former evaluation method followed the U.S. Environmental Protection Agency (EPA) approach with California specific parameters. This revision will continue to use the EPA approach but allow incorporation of a module specific for California urban...

On February 11, 2015, the Government of Canada published in Gazette II (Vol. 149, no. 3) the final regulation for adopting the Globally Harmonized System for Classification and Labeling of Chemicals (GHS). The final Hazardous Product Regulation (HPR) appears to be nearly identical to the proposed regulation published in Gazette I in August of 2014 (Vol. 148, no. 32) and is closely aligned with the U.S. Department of Labor’s Occupational Safety and Health Administration...

For the dog lovers of the world, this one is for you. The Federal Trade Commission (FTC) recently sent “warning letters” to 20 manufacturers and marketers of dog waste bags that dog owners, walkers, and conscientious others use to pick up after their pets and then discard. FTC expresses in the letters concern with the environmental claims for “biodegradable” or “compostable” that FTC alleges fail to conform with the updated Guides for the Use of...

On January 12, 2015, the Office of Environmental Health Hazard Assessment (OEHHA) proposed important new regulations that would repeal and replace the existing Article 6 regulations regarding the all-important “clear and reasonable warnings” requirements under Proposition 65 (Proposed Rule). OEHHA previously released a Pre-Regulatory Proposal for a potential draft regulation amending Proposition 65 (Prop 65) regulations with some sweeping and controversial proposed changes,...

On January 21, 2015, the U.S. Environmental Protection Agency (EPA) issued a proposed amendment to a significant new use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) chemicals. According to EPA’s January 15, 2015, press release, EPA intends the proposed amendment “to ensure that perfluorinated chemicals that have been phased out do not re-enter the marketplace without review.” The proposed amendment would require anyone who intends to import...