California Proposes Adding Microplastics to Candidate Chemicals List – Comment Period Open Through August 4, 2025
The California Department of Toxic Substances Control (DTSC) has proposed to amend its Safer Consumer Products (SCP) regulations by adding microplastics to the Candidate Chemicals List (Cal. Code Regs., tit. 22, § 69502.2). While this proposed action does not impose immediate compliance obligations, it has substantial implications because once microplastics are listed as Candidate Chemicals, DTSC may identify consumer products containing microplastics as Priority Products. The identification of a Priority Product triggers requirements under California law for manufacturers and entities throughout the supply chain, who must assess alternative product formulations and are subject to response measures prescribed by DTSC.
SB 54 Regulations Public Comment Period Open Until June 3, 2025
CalRecycle has released amendments to the proposed regulations implementing California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) and published its Report to the Legislature describing the program’s broader implementation. CalRecycle is accepting public comments on the proposed changes to the regulations through tomorrow, June 3, 2025.
U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California
The U.S. Fish and Wildlife Service (FWS) has proposed designating approximately 760,000 acres in California as critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog, a species that is listed as either endangered or threatened under the Endangered Species Act (ESA). The critical habitat designation includes areas within the geographical range of the foothill yellow-legged frog that contain the physical or biological features that FWS has deemed essential to the species’ conservation, as well as areas outside the current range that are deemed necessary for the species’ recovery. EPA based its determination on the “best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.”
California Kicks Off Special Legislative Session in Response to Presidential Election
On December 2, California lawmakers began a special legislative session, convened by Democratic Governor Newsom, aimed at bolstering state support for opposing the incoming U.S. presidential administration.
17 States File Complaint Challenging Constitutionality of California’s Advanced Clean Fleets Regulation
On May 13, 2024, 17 states filed a complaint in the U.S. District Court for the Eastern District of California challenging California’s Advanced Clean Fleets (ACF) regulation.
California Air Resources Board Will Workshop Omnibus Regulation Amendments
The California Air Resources Board (CARB) announced that it will hold a public workshop to discuss amendments to its Heavy-Duty (HD) Engine and Vehicle Omnibus (Omnibus) Regulation. The amendments have been proposed following extensive discussion between CARB and the Engine Manufacturers Association (EMA) during 2023, which culminated in CARB agreeing to revise its heavy-duty vehicle emission standards to align more closely with U.S. Environmental Protection Agency standards.
California Agencies Proceed With Revisions to Vapor Intrusion Guidance
California agencies issued a public notice that they will hold a workgroup to answer questions and engage with stakeholders on the agencies’ latest vapor intrusion guidance. The workgroup comes following years of confusion among stakeholders regarding the agencies’ application of draft guidance for addressing vapor intrusion, including during site cleanup and redevelopment.
California Air Resources Board Issues Clean Truck Check Implementation Guidance
On August 23, 2023, the California Air Resources Board (CARB) published additional guidance for the implementation of Clean Truck Check requirements under its Heavy Duty Inspection/Maintenance regulation. The requirements build on implementation guidance issued in June and set deadlines to achieve compliance with certain requirements beginning by December 31, 2023. Fleet owners and operators, and those contracting or brokering loads with heavy-duty trucks, should take note of CARB’s implementation timeline and prepare to comply with reporting and fee payment requirements beginning in the fourth quarter of 2023.
California Agency Proposes to List Microplastics and PPD derivatives to Candidate Chemical List
The California Department of Toxic Substances Control (DTSC) has proposed adding microplastics and PPD derivatives to its Candidate Chemicals List. This listing positions microplastics, and products containing them, for regulation and potential restrictions under the agency’s Safer Consumer Products Program. Companies with products containing microplastics and PPD derivatives should engage with DTSC in coming regulatory proceedings.
The Enforcement Angle: Driving California Toward Carbon-Neutrality with Dr. Steven Cliff
Join Sidley for the Environmental Law Institute’s People Places Planet Podcast series, “The Enforcement Angle.” Through this series, Sidley partners discuss state and federal enforcement of environmental laws and regulations with senior enforcement officials and thought leaders on environmental enforcement in the United States and globally. The featured guests offer their insights into the challenging environmental issues facing corporations today.