California’s Office of Environmental Health Hazard Assessment (OEHHA) recently took a further step toward expanding the scope of state Proposition 65 regulations to out-of-state online retailers that sell into California when it issued an emergency regulation under Proposition 65 for canned and bottled foods and beverages containing bisphenol A (BPA).[1] The emergency regulation provides recommended “safe harbor” warning language for products containing BPA, a substance commonly used to line food containers, including metal cans, bottle caps, and jar lids, and requires retailers—including online retailers if the products are offered for sale in California—to place warnings at checkout areas explaining that exposure to BPA is known to cause reproductive harm to women.
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Wendy L. Feng
Wendy Feng represents corporate policyholders seeking recovery from their insurers for significant and complex coverage claims. She provides strategic advice to clients with novel policies on a range of issues, including policy interpretation and claim valuation. Wendy also advises clients on issues of compliance and liability under a range of environmental statutes and regulations, including CERCLA, the Clean Air Act, and California’s Proposition 65. She has negotiated settlements, consent decrees and orders with EPA and California’s Department of Toxic Substances Control.
Leveraging her experience representing clients in both insurance and environmental matters, Wendy advises clients on environmental coverage issues, including coverage for claims of environmental contamination.
Wendy is one of the lawyer leads for the firm’s Asian Pacific Islander Affinity Group.
EPA to Hold Public Meeting on Nanoscale Materials Proposed Rule
EPA has scheduled a stakeholder meeting in Washington, D.C. on June 11 to discuss its proposed nanoscale materials rule under the Toxic Substances Control Act (TSCA). The proposed rule would require manufacturers of nanoscale materials to provide EPA certain information, including health and safety-related information, regarding their nanoscale materials. Public…
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EPA and ACOE Propose New Rule Clarifying the Term “Waters”
EPA and the Army Corps of Engineers jointly released a proposed rule last week that defines the scope of “waters” under the Clean Water Act. Once the proposed rule is published, the public will have a 90 day comment period before the rule becomes final. The agencies simultaneously issued an…
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