CARB Postpones Release of Revised Draft Recommendations on GHG Thresholds under CEQA; Gives More Time for Public Comments

On December 19, 2008, the California Air Resources Board ("CARB") announced that it would postpone the release of the revised draft of the CARB staff's Recommended Approaches for Setting Interim Significance Thresholds for Greenhouse Gases under the California Environmental Quality Act ("Preliminary Draft"). Instead, CARB is continuing to accept public comments on the Preliminary Draft through January 9, 2009.
 

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Compound Solutions

The world of chemical regulation is changing dramatically. Recent laws point to a paradigm shift whereby the old model — essentially a “wait and see” approach in which chemical health risks were analyzed after someone complained about an injury allegedly caused by that chemical — is giving way to a new model whereby chemical risks are analyzed in advance of exposure in an effort to minimize future harm. The result will have profound consequences for businesses as regulators compile more “up front” environmental and health risk information about products, potentially resulting in manufacturers shifting the manner in which products are designed. The new laws may also have consequences in products liability litigation, as green chemistry standards may bear on legal causation issues in tort cases.

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For further information, please contact Olivier F. Theard at (213) 617-5427.