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Articles by Christopher Rendall-Jackson
CAA Has Submitted Its Draft SB 54 Extended Producer Responsibility Plan to CalRecycle
On October 13, 2026, pursuant to SB 54, the Circular Action Alliance submitted its draft California Extended Producer Responsibility (EPR) Plan to CalRecycle. Previously, in June 2026, CAA had released a draft of the plan to the SB 54 Producer Responsibility Advisory Board and for public comment. As a reminder, SB 54 is California’s EPR law for packaging, officially known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
The Initial Regulation Implementing California SB 261 and SB 253 Is Final | JD Supra
On October 12, 2026, the Office of Administrative Law (OAL) approved the Initial Regulation implementing SB 261 and SB 253. CARB adopted an earlier version of this regulation on February 26, 2026, and subsequent amended versions were subject to public comment before the final version of the Initial Regulation was submitted to OAL for approval. CARB's webpage for this rulemaking indicates that the Initial Regulation is effective as of October 12, 2026.
CAA Has Submitted Its Draft SB 54 Extended Producer Responsibility Plan to CalRecycle
Perspectives On October 13, 2026, pursuant to SB 54, the Circular Action Alliance submitted its draft California Extended Producer Responsibility (EPR) Plan to CalRecycle. Previously, in June 2026, CAA had released a draft of the plan to the SB 54 Producer Responsibility Advisory Board and for public comment. As a reminder, SB 54 is California’s EPR law for packaging, officially known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
The Initial Regulation Implementing California SB 261 and SB 253 Is Final
Perspectives On October 12, 2026, the Office of Administrative Law (OAL) approved the Initial Regulation implementing SB 261 and SB 253. CARB adopted an earlier version of this regulation on February 26, 2026, and subsequent amended versions were subject to public comment before the final version of the Initial Regulation was submitted to OAL for approval. CARB’s webpage for this rulemaking indicates that the Initial Regulation is effective as of October 12, 2026.
CalRecycle Holds September 2026 Informal Regulatory Concepts Workshop on California's Textile EPR Law | JD Supra
On September 29, 2026, CalRecycle held another in a series of Textile Stewardship Informal Regulatory Concepts Workshops to solicit feedback on regulatory concepts for implementing SB 707. SB 707, the Responsible Textile Recovery Act of 2024, is California's extended producer responsibility (EPR) law specific to apparel and textiles.
CalRecycle Holds September 2026 Informal Regulatory Concepts Workshop on California’s Textile EPR Law
Perspectives On September 29, 2026, CalRecycle held another in a series of Textile Stewardship Informal Regulatory Concepts Workshops to solicit feedback on regulatory concepts for implementing SB 707. SB 707, the Responsible Textile Recovery Act of 2024, is California’s extended producer responsibility (EPR) law specific to apparel and textiles.
California Takes Action on PFAS in Pesticides
On Sunday, September 27, amid a flurry of other bills recently signed into law, Governor Newsom signed AB 1603, which requires the California Department of Pesticide Regulation (DPR) to publish a list of pesticides registered in California that contain PFAS, and further requires DPR to identify and describe statewide trends regarding the use of PFAS-containing pesticides.
California Amends Its EPR Law for Batteries
On September 20, 2026, Governor Newsom signed California Senate Bill (SB) 501, which amends various portions of California’s extended producer responsibility (EPR) law for batteries (the Responsible Battery Recycling Act of 2022).
California Amends Postconsumer Recycled Plastic Requirements for Plastic Beverage Containers
On September 18, 2026, Governor Newsom signed California Senate Bill (SB) 633, which amends the postconsumer recycled plastic requirements for plastic beverage containers subject to California’s bottle bill (the California Beverage Container Recycling and Litter Reduction Act).
California Amends Its EPR Law for Batteries
Perspectives On September 20, 2026, Governor Newsom signed California Senate Bill (SB) 501, which amends various portions of California’s extended producer responsibility (EPR) law for batteries (the Responsible Battery Recycling Act of 2022).
Federal Court Issues Preliminary Injunction Regarding New Mexico’s PFAS Labeling Law
On September 16, 2026, in American Chemistry Council v. Kenney, the District of New Mexico issued a preliminary injunction enjoining enforcement of the New Mexico PFAS labeling requirement (N.M. Code R. § 20.13.2.13) while the litigation is pending.
Federal Court Issues Preliminary Injunction Regarding New Mexico’s PFAS Labeling Law
Perspectives On September 16, 2026, the District of New Mexico issued a preliminary injunction enjoining enforcement of the New Mexico PFAS labeling requirement (N.M. Code R. § 20.13.2.13) while the litigation is pending.
California Public Utilities Commission Institutes Rulemaking to Consider Updates to Energy General Rate Cases
On September 3, 2026, the California Public Utilities Commission (CPUC) instituted a rulemaking proceeding to consider updates to energy General Rate Cases (GRCs), which are proceedings in which the CPUC conducts its primary review of investor-owned utilities' spending plans.
California Public Utilities Commission Institutes Rulemaking to Consider Updates to Energy General Rate Cases
Perspectives On September 3, 2026, the California Public Utilities Commission (CPUC) instituted a rulemaking proceeding to consider updates to energy General Rate Cases (GRCs), which are proceedings in which the CPUC conducts its primary review of investor-owned utilities' spending plans.
CARB Releases Additional Resources for 2026 Reporting Under SB 253
On September 1, 2026, CARB released a voluntary 2026 Intake Platform and new guidance for 2026 reporting under SB 253. As a reminder, SB 253 requires business entities organized under U.S. law, doing business in California, and with annual revenues over $1B to (1) starting in 2026, annually disclose their Scope 1 and 2 GHG emissions for the prior fiscal year and (2) starting in 2027, also annually disclose their Scope 3 GHG emissions for the prior fiscal year.
District Court Upholds Oregon's Packaging EPR Law | JD Supra
On August 27, 2026, the Oregon District Court upheld Oregon's Plastic Pollution and Recycling Modernization Act, which is Oregon's extended producer responsibility (EPR) law applicable to packaging, printing and writing paper, and food serviceware.
Maine DEP Receives No Proposals To Act as the Stewardship Organization Administering Its EPR Law for Packaging | JD Supra
On August 20, 2026, the Maine Department of Environmental Protection (DEP) announced that it had received no proposals to act as a Stewardship Organization under its extended producer responsibility (EPR) law for packaging.Although Maine DEP's Stewardship Program for Packaging website indicates that it had anticipated that registration and invoicing would begin at the end of 2026, its August 20 announcement also states that it is "assessing all options at this time" and that "further...
CalRecycle Holds Informal Regulatory Concepts Workshop for California's Textile EPR Law | JD Supra
On August 13, 2026, CalRecycle held one in a series of Textile Stewardship Informal Regulatory Concepts Workshops to solicit feedback on regulatory concepts related to implementation of SB 707.
The California Public Utilities Commission Adopts Decision Addressing Water Utility Acquisition Process
On July 2, 2026, the California Public Utilities Commission (Commission) adopted Decision 26-07-031 addressing the water utility acquisition process. The Decision orders, among other things, that: Failing, at-risk, or potentially at-risk water systems are to be prioritized for acquisitions. The Commission may consider gain-on-sale allocation in individual proceedings. Water rights are non-depreciable assets that may be included in rate base, subject to certain conditions and Commission discretion.
FDA Working on Regulations to Establish Allowable Levels for Certain PFAS in Bottled Water
In June 2026, FDA updated its website to include priority targets for future risk management actions, including those related to bottled water. FDA’s website indicates that it is working on a regulation to establish allowable levels for certain PFAS in its standard of quality regulation for bottled water (21 CFR § 165.110). The website specifies that FDA sets allowable levels regarding contaminants with EPA levels for drinking water, subject to certain exceptions.
CalRecycle Updates Its SB 54 Source Reduction Reporting Guidance
On July 17, 2026, CalRecycle updated its SB 54 Source Reduction Reporting Guidance, which was originally published on September 2, 2025.
OEHHA Announces Potential Amendments to the Prop 65 Regulations | JD Supra
On July 22, 2026, OEHHA announced potential amendments to the Prop 65 regulations. As a reminder, California's Proposition 65 (commonly referred to as "Prop 65") requires businesses with 10 or more employees to provide a clear and reasonable warning before exposing any individual to any of over 900 currently listed chemicals.
California DTSC Adds Microplastics to Its Candidate Chemicals List
On June 18, 2026, the California Office of Administrative Law approved the California Department of Toxic Substances Control’s (DTSC’s) final regulation adding microplastics to the Candidate Chemicals List.The regulation will be effective starting October 1, 2026.
CARB Holds July 2026 Public Workshop on the Development of the SB 253 Reporting Program
On July 21, 2026, CARB held a virtual public workshop on California SB 253, the Climate Corporate Data Accountability Act. As a reminder, SB 253 requires business entities organized under U.S. law, doing business in California, and with annual revenues over $1B to (1) starting in 2026, annually disclose their Scope 1 and 2 GHG emissions for the prior fiscal year and (2) starting in 2027, also annually disclose their Scope 3 GHG emissions for the prior fiscal year.
CARB Posts Modified Regulations To Implement SB 261 and SB 253 | JD Supra
On July 27, 2026, CARB posted modified regulations to implement SB 261 and SB 253.The prior version of these regulations was approved by CARB in February 2026, but their submission to the Office of Administrative Law for final review and approval was withdrawn to allow CARB to make changes and clarifications to the regulations.
Welding Fumes and Three Medications Listed as Carcinogens Under Prop 65, With Warning Requirements Effective July 17, 2027
Effective July 17, 2026, OEHHA listed the following four chemicals under Prop 65 for the cancer end point: Welding fumes Hydrochlorothiazide (a synthetic chemical used to treat hypertension) Voriconazole (a synthetic chemical used to treat serious fungal infections) Tacrolimus (an immunosuppressant produced by fermentation and mainly used after transplants to reduce the risk of organ rejection) These chemicals were listed pursuant to the Labor Code mechanism.As provided by Prop 65, the...
Federal Court Enjoins the California AG From Enforcing SB 343 | JD Supra
On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction prohibiting the California Attorney General (AG) and those in privity or acting in concert with the AG from enforcing California's until further order of the court. The court's order was based largely on a finding that the plaintiffs had established a likelihood of success on the merits in the ongoing litigation.
Federal Court Enjoins the California AG from Enforcing Prop 65 Warnings for DEA in Cosmetic and Personal Care Products | JD Supra
On June 24, 2026, a California federal court permanently enjoined the California Attorney General (AG), and those acting in privity or concert with the AG, from filing or prosecuting new lawsuits to enforce Prop 65 warning requirements for diethanolamine (DEA) in cosmetic and personal care products.
EPA Announces Rulemaking to Rescind SDWA Drinking Water Limits for Certain PFAS
On May 18, EPA published a proposed Safe Drinking Water Act (SDWA) rule (available here) that would rescind the portions of the Biden Administration EPA’s 2024 PFAS National Primary Drinking Water Regulations pertaining to perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA, commonly known as GenX chemicals), and mixtures of these three PFAS plus perfluorobutane sulfonic acid (PFBS), including the final...
Colorado Passes EPR Law for EV Batteries
On June 3, 2026, Colorado passed an extended producer responsibility (EPR) law for propulsion batteries, which are batteries supplying power to propel electric and hybrid vehicles. The law, SB26-003, amends Colorado’s Battery Stewardship Act, which was passed in 2025, and is notable for setting recycling rates that must be reached by 2031 and 2035 for the “critical minerals” cobalt, nickel, and lithium.
CARB To Extend Deadline for SB 253 Reporting in 2026 by Three Months | JD Supra
On June 24, 2026, CARB announced that it will be extending the 2026 deadline to report Scope 1 and Scope 2 GHG emissions pursuant to SB 253 by three months, from August 10, 2026, to November 10,...
Maine Passes First-In-The-Nation EPR Law Targeting Electronic Smoking Devices
On April 23, 2026, Maine became the first state in the nation to pass an extended producer responsibility (EPR) law targeting vapes, e-cigarettes, and other electronic smoking devices.
CalRecycle Publishes Three SB 54 Guidance Documents
May 12, 2026 To embed, copy and paste the code into your website or blog: On May 11, 2026, CalRecycle published SB 54 guidance documents regarding the identification of producers, the identification of covered materials, and the submission of a categorically excluded materials notice for food and agricultural packaging.
EPA Releases Updated Guidance on Destruction and Disposal of PFAS-Containing Materials
EPA has released a new Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances, dated April 20, 2026, which is the third edition of this non-binding guidance document (originally issued in 2020 and revised in 2024). The associated April 23, 2026 news release may be reviewed here.
Lawsuit Filed Challenging Constitutionality of SB 343
On March 17, 2026, a number of parties filed a lawsuit in the U.S. District Court for the Southern District of California challenging California’s SB 343. As a reminder, for products and packaging manufactured after Sunday, October 4, 2026, SB 343 prohibits use of the chasing arrows symbol or other indications of recyclability on products or packaging that do not meet certain criteria.
CARB Holds Public Workshop on Implementation of SB 253 Reporting
On March 23, 2026, CARB held a public workshop and solicited comments on SB 253 reporting for 2026 and upcoming rulemaking that will address reporting that will start in 2027.
SB 54 Regulations May Be Approved or Disapproved by May 2026
On March 19, 2026, CalRecycle submitted the most recent version of its proposed regulations implementing SB 54 to the Office of Administrative Law (OAL) for approval, and OAL has until May 1, 2026 to either approve or disapprove the proposed regulations. As a reminder, SB 54 is California’s extended producer responsibility (EPR) law for packaging, and its official name is the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
Utility Files CERCLA Cost Recovery Action Based on PFOA/PFOS Hazardous Substance Listings
On April 3, a North Carolina utility filed a CERCLA section 107 cost recovery action against DuPont and affiliated entities, to recover response costs associated with a Fayetteville chemical plant’s alleged contamination of public water system supplies and wastewater treatment plants with PFOA and PFOS. The action is predicated on EPA’s listing of PFOA and PFOS as CERCLA hazardous substances in 2024, which was reaffirmed by EPA in September 2025 during litigation challenging those listings.
EPA Further Revises Reporting Period for PFAS Reporting Requirements Under TSCA Section 8(a)(7)
On April 9, 2026, EPA announced a final rule revising the start of the reporting period for the one-time PFAS reporting requirement under the Toxic Substances Control Act (TSCA) section 8(a)(7). Under the final rule, the reporting period will begin on the earlier of either (a) 60 days following the effective date of the forthcoming final rule on the substantive requirements of this reporting requirement, or (b) January 31, 2027.
EPA Proposes Regulating All PFAS Under the Safe Drinking Water Act
On April 6, 2026, EPA published a request for comments on its draft Sixth Contaminant Candidate List (CCL 6). CCL 6 is a draft list of contaminants that are currently not subject to proposed or promulgated national primary drinking water regulations (NPDWRs), which are applicable to public water systems under the Safe Drinking Water Act (SDWA), and are being considered for regulation under the SDWA.
How GCs Should Tackle California’s Hazy Climate-Reporting Laws | JD Supra
Beginning in 2026, companies organized under U.S. law that do business in California may be required to comply with two separate climate-reporting laws. Senate Bill (SB) 261 applies to businesses with more than $500 million in annual revenues and requires biennial disclosures of climate-related financial risk. Similarly, SB 253 applies to those with more than $1 billion in annual revenues and requires annual disclosures of greenhouse gas emissions.
PFAS or Not?: TOF Analysis Poses Tough Challenges for Identifying PFAS | JD Supra
[co-author: Kristin Robrock, Ph.D.] Per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” are a very diverse set of organic chemical compounds containing fluorine that have historically been used in a wide range of consumer products and industrial settings.Due to governmental concerns about the potential impact of PFAS on human health and the environment, regulation of these compounds is continuing to increase very quickly at the state and federal levels, both...
CalRecycle Reboots SB 54 Rulemaking To Tackle Plastic Waste | JD Supra
CalRecycle, the agency overseeing California’s recycling and waste management programs, reports that packaging accounts for over 50% of what is dumped in California landfills. On August 22, 2025, CalRecycle began a second attempt at formal rulemaking to address this issue by noticing revised regulations to implement California’s extended producer responsibility (EPR) law for packaging.
Legislation Banning “Forever Chemicals” in Food Packaging in California by 2028 Will Likely Become Law | JD Supra
The California Senate recently passed a bill, SB 682, that would essentially eliminate the use of per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in food packaging within the state, as of January 1, 2028.
The Proposition 65 Compliance Deadline for Vinyl Acetate is Fast Approaching | JD Supra
Starting on Jan.
Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup Costs under Section 107 | JD Supra
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory relief for future cleanup costs under CERCLA Section 107. The decision involves a Superfund site consisting of a thirty-five mile stretch of the Kalamazoo River in southwest Michigan.
EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances | JD Supra
The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA. As reported in our March 15 update (available here), on February 24, 2025, the D.C. Circuit Court of Appeals granted EPA’s unopposed request for a stay of pending legal challenges to the former administration’s action.
The approaching warning deadline for vinyl acetate | JD Supra
On January 3, 2025, vinyl acetate was added to the Prop 65 list as a carcinogen. Vinyl acetate is a synthetic chemical, and a colorless liquid with a sweet, fruity smell.
EPA Announces It Will Keep Drinking Water Limits for PFOA and PFOS, But Rescind Limits for Four Other PFAS Compounds | JD Supra
On May 14, 2025, EPA issued a news release (available here) stating that the agency will maintain the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations (NPDWRs) promulgated in April 2024—but only with respect to two PFAS compounds: PFOA and PFOS. These NPDWRs originally established legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for six PFAS in drinking water (see 4/10/24 post here).
EPA Announces Interim Rule Further Delaying TSCA Section 8(a)(7) PFAS Reporting by Nine Months | JD Supra
On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011 and 2022.
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