Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment. Among other changes, the new rules now (1) require businesses to provide California consumers with product warnings at the time of purchase, including at the time of online purchases; and (2) change the text of the warnings that businesses may use to qualify for “safe harbor” protections. The new warning requirements apply only to products manufactured after August 30, 2018.
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On June 22, 2016, President Obama signed the Lautenberg Chemical Safety Act into law.  The Act is the first significant change to the 1976 Toxic Substances Control Act in 40 years and amends the Environmental Protection Agency’s (EPA) methods for reviewing chemical substances before they are marketed and allowed to be used in consumer products.

The Act has several new key features:
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On April 3, 2013, in Ecological Rights Foundation v. Pacific Gas and Electric Company (ERF v. PG&E), the Ninth Circuit upheld the dismissal with prejudice of a case where an environmental group using statutory “citizen suit” provisions alleged that wood-treated utility poles are subject to the federal Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA).  Schiff Hardin represented PG&E in this matter.
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