Photo of Wendy L. Feng

Wendy L. Feng

Wendy Feng currently represents companies at several state and federal Superfund sites in California.  She has litigated contribution actions under CERCLA, negotiated settlements, consent decrees and administrative orders with EPA and/or California’s Department of Toxic Substances Control, and engaged with enforcement authorities within EPA and the California Air Resources Board on issues involving compliance with Clean Air Act and corresponding California regulations.  Wendy also litigates insurance matters on behalf of manufacturers seeking coverage for underlying environmental liabilities.  And she has acted as common counsel overseeing the defense of a toxic tort lawsuit on behalf of more than 70 companies identified as generators of hazardous substances.

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.
Continue Reading OEHHA Requires Proposition 65 Warnings for BPA, Including for Items Sold Over the Internet

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 comments are due by July