As we reported at the start of the new year (see below), American Apparel, the Toy Association, and its member coalition- Safe to Play, had filed a lawsuit during the week of Christmas, claiming that Oregon’s Toxic Free Kids Act (TFKA) is preempted based on the Federal Hazardous Substances Act (FHSA) and Consumer Product Safety Act (CPSA).
Thankfully earlier this summer, the federal district court in Portland, Oregon dismissed the toy industry’s lawsuit. Specifically, Judge Simon held that at least 69 chemicals regulated in Oregon’s Toxic Free Kids Act are not even addressed in the federal statutes. Therefore, the Toxic Free Kids Act is not preempted by federal law. This ruling is significant in protecting our state’s approach to removing toxic chemicals from children’s toys, and other states that may have children’s toxic free kids acts that are stronger than federal standards.
What happens next?
Judge Simon deferred ruling on the toy industry’s second claim that the reporting and fee requirements were beyond Oregon Health Authority’s (OHA) authority. As of August 9, 2022, OHA had filed another motion saying the agency does indeed have authority to collect fees and implement the Toxic Free Kids Act, and requesting a judgment in the suit.
We eagerly await the decision from the federal district court on this matter. If dismissed, then the toy industry has an option to appeal to the 9th Circuit if it can show the previous court made an error in facts or law.
Learn more about OEC’s work to modernize TFKA and to reduce Oregon kids’ exposure to toxic chemicals. OEC remains committed to common sense protections from toxics chemicals, and we’ll be keeping an eye on this case as it works its way through the legal system in the months ahead.
We’re officially past the halfway point in this legislative session. After dozens of meetings with legislators, and hundreds of Oregonians contacting their representatives to speak up for the issues that matter most, this is a key moment when the fate of our bills – and the thousands of other bills that have been submitted – is determined. Oregon’s 83rd
Following a rulemaking process that began in June, Oregon OSHA recently published its final rules to implement the newly passed SB 907, the right to refuse hazardous work. OEC sat on the rulemaking advisory committee alongside our
In 2023, OEC has ambitious goals to deliver sensible, workable, solutions to Oregon’s most pressing environmental challenges. As we have for the past 55 years, our team is excited to join with our partners, broaden coalitions, and reach across ideological divides so that we can deliver benefits for everyone who lives in Oregon.
Our work this year focuses on expanding Oregon’s clean energy economy, creating more resilient and healthy communities, improving water security, red
It is (past) time we break up with oil! Not only do the big changes in the price of gas affect our wallets, but burning fossil fuels is bad for the climate and our health. Oregon has the opportunity to be a leader in the transition to electric vehicles and get on the path to meeting our climate pollution reduction goals by adopting the Advanced Clean Car II
The 2022 Legislative Session is well underway. OEC staff have jumped in with both feet, analyzing bills and recommending improvements, writing and delivering strong testimony, organizing partnered groups, and defending against harmful proposals. So far we have testified on over 20 unique bills and inspired nearly 300 citizen contacts to legislators and committees from OEC activists
Oregon’s best chance at climate action (Senate Bill 1530) cleared the the Joint Committee on Ways and Means last week at the Capitol. The cap-and-invest climate action is queued up for a vote in the Senate, and Senate President Peter Courtney announced this week his caucus has the votes needed to pass the bill. Oregon Environmental Council has worked diligently with
FOR IMMEDIATE RELEASE February 3, 2020
OEC releases a round-up of recent science about the health impacts of diesel exhaust
PORTLAND –– The science on the negative health impacts from burning diesel keeps mounting every year, and the number of diseases from exposure to this fossil fuel continue to grow and threaten Oregonians.
“We’re actually learning that diesel pollution is more dangerous and has increased health risks more than
OEC and our supporters tracked a number of ballot measures in the spring and summer of 2016. Here are the original descriptions, each with an update as of July 2016:
In May:
Fix Our Streets Portland
Fix Our Streets Portland will raise much-needed revenue to fund transportation improvements that boost people’s ability to walk, bike or take tr
