California Designates Coal Fuel Emissions as Known Carcinogen

California’s Office of Environmental Health Hazard Assessment (OEHHA) has added emissions from the combustion of coal to the list of chemicals known to the State of California to cause cancer, effective August 7, 2013.

This designation is based on formal identification by the International Agency for Research on Cancer (IARC), which is an authoritative body under OEHHA’s regulations.  OEHHA has authority to designate chemicals as known carcinogens or reproductive toxicants based on the determination of designated authoritative bodies, as long as the evidence considered by the authoritative body meets specified scientific criteria.

Under Proposition 65, companies offering products for sale in California containing chemicals known to the State to cause cancer or reproductive harm must first provide consumers with a health hazard warning.  Companies will have until August 8, 2013 to provide health hazard warnings to consumers who may be exposed to emissions from the combustion of coal.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.