Share on LinkedInShare on LinkedIn

ARTICLE · 03 NOVEMBER 2023

The End Of Prop 65's Short-Form Warning (Take Two)

Steptoe LLP
Steptoe LLP
Contributor
Steptoe LLP

Steptoe LLP

Steptoe International (UK) LLP has built a strong reputation for providing top-quality regulatory,...

View firm profile
Explore more from Steptoe LLP

A big change is proposed for California's Proposition 65, the right-to-know warnings law.[1] The regulations currently allow two choices...

United StatesEnvironment
Dennis E. Raglin
Dennis E. Raglin

Well, if at first you don't succeed...

A big change is proposed for California's Proposition 65, the right-to-know warnings law.1 The regulations currently allow two choices of "safe harbor" warning language which, if used as specified, serve as a complete defense to a violation claim. The choices are known as the long-form and short-form warnings. On October 27, 2023, the state agency that oversees Prop 65 regulations, the Office of Environmental Health Hazard Assessment ("OEHHA"), gave notice it intends to change the short-form warning regulation for consumer products. The change will effectively kill it.This is the agency's second attempt to do so. The first one lapsed in 2022 when the agency failed to meet the deadline for regulatory approval. Public comments concerning this proposed regulation are being accepted through December 20, 2023.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

California Links Data Center Permitting And Licensing To New Water Use Disclosure And Drought Planning Obligations

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

EPA Issues Decisions On Small Refinery Exemptions

The EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.
United StatesEnvironment
Holland & Knight
Holland & Knight
Article

FCC Tightens Equipment Rules

The Federal Communications Commission has adopted sweeping new restrictions targeting equipment containing components from entities on its Covered List, fundamentally reshaping how manufacturers, online marketplaces, and equipment modifiers must approach FCC compliance. These rules establish unprecedented prohibitions on logic-bearing hardware components, impose strict display requirements for e-commerce platforms, and clarify when existing authorizations can support equipment modifications.
United StatesMedia, Telecoms, IT, Entertainment
Steptoe LLP
Steptoe LLP
Article

Weekly Sanctions Update: September 14, 2026

The Treasury Department intensifies economic pressure on Iran through Operation Economic Outcast, suspending aviation licenses and sanctioning dozens of entities while implementing a presumption of denial for Iran-related transactions. Meanwhile, new enforcement actions target Chinese cybercrime platforms, Ecuadorian terrorist organizations, and Israeli settlers, as Congress considers comprehensive Russia-Iran sanctions legislation.
GlobalGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Weekly Sanctions Update: September 21, 2026

The Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 has become law, imposing sweeping sanctions on Russian officials, financial institutions, and shadow fleet vessels while authorizing tariffs up to 100 percent on major purchasers of Russian oil and natural gas. How will these new measures impact global trade relationships, particularly with China and India as the largest buyers of Russian crude?
GlobalGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

Executive Order 14421: National Emergency Declaration Imposes New Restrictions On Foreign Bulk-Power System Equipment

President Trump's Executive Order 14421 declares a national emergency to secure the U.S. bulk-power system, imposing new restrictions on foreign-produced electric equipment that poses national security risks. The order prohibits certain imports and installations while directing the Department of Energy to identify and potentially replace existing vulnerable equipment already on the grid.
United StatesEnergy and Natural Resources
Steptoe LLP
Steptoe LLP
Article

FCC Leads Expanding Federal Restrictions On Foreign Drones

The federal government has implemented a comprehensive regulatory framework targeting foreign drone manufacturers' access to the US market through FCC equipment restrictions, tariffs, and procurement limitations. While existing approvals may no longer guarantee market access, the FCC's conditional approval process offers manufacturers a pathway to continue operations by submitting detailed onshoring plans for review by the Department of War or Department of Homeland Security.
United StatesGovernment, Public Sector
Steptoe LLP
Steptoe LLP