Ward Benshoof, partner in the firm’s Environmental & Land Use Group, was quoted in Law360 in an article discussing the final review of the 896 bills passed by the legislature in California, including the Green Chemistry Initiative, and how some experts say the regulation could pose challenges that lawmakers should confront.
According to Benshoof, companies that sell a priority product in California will then be required to assess whether it can be made using safer substances, and if not, the product may be banned from sale in the state. While Massachusetts, Maine and Washington have similar programs, the patchwork of state laws is not coordinated in any way, which could disrupt the flow of commerce if manufacturers face a situation in which a product is free to be sold in some states but banned in others.
“There is no requirement in the law in California to harmonize their programs with other states,” he said.
“The Legislature needs to do a reset and recognize that if states are going to have to pursue these programs without federal guidance, there needs to be a requirement for harmonization,” he added.
“Without harmonization, the state program could be in legal jeopardy as an unreasonable burden on interstate commerce.”