The Nickel Report

As recently reported on the Hunton Retail Law Resource blog, Washington State became the first-in-the-nation to pass an almost complete ban on the manufacture and sale of cookware containing lead in March 2024. Starting in January 2026, HB 1551 sets the maximum lead content level for cookware and cookware components at five (5) parts per million (ppm). The law is both broad in scope and stringent in its lead limit, making it important for entities that sell cookware or offer cookware for sale in the state of Washington to begin thinking about compliance now. 

Environmental justice and equity issues have taken center stage as part of the national conversation on the environment, climate change and racial equality. As we have explained, environmental justice will be a central focus of the Biden administration, as reflected in a recent Executive Order that declares federal agencies:

shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts.

In an article published in Law360, Hunton & Williams LLP partners Walter Andrews, Malcolm Weiss, and I discuss two recent decisions in Tree Top Inc. v. Starr Indem. & Liab. Co., No. 1:15-CV-03155-SMJ, 2017 WL 5664718 (E.D. Wash. Nov. 21, 2017).  There, the Eastern District of Washington rejected an insurer's attempt to escape insurance coverage for a Proposition 65 lawsuit filed against juice-maker Tree Top Inc.