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California’s Safe Drinking Water & Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) presents multiple challenges to employers and throughout the product supply chain of all industries doing business in California, including raw materials suppliers, manufacturers, distributors, and retailers. With a combination of regulatory and trial lawyers and professionals, including those who have held significant positions at U.S. EPA, public policy advocates, and seasoned litigators, Crowell & Moring’s Proposition 65 team provides a clear and understandable approach to the immense technical challenges and arduous warning requirements presented by this unique California “right to know” law. 

Since Proposition 65’s inception, the firm has advocated on behalf of myriad industry clients in policy and public comment proceedings before the California Office of Environmental Health Hazard Assessment (OEHHA), the Department of Pesticide Regulation (DPR), and the Department of Toxic Substances Control (DTSC); solicited advice from the California Governor’s and Attorney General's Offices concerning statutory interpretation and enforcement issues; delivered timely and impactful seminars and webinars to multiple trade associations and their members concerning updated legal requirements; and defended scores of companies confronting 60-Day Notices and civil lawsuits alleging Proposition 65 violations. 

In assisting our clients to address and satisfy the legal, regulatory, and technical demands surrounding Proposition 65, and to protect themselves from potential liability arising from purported chemical exposures from the use of their products in the consumer, occupational, and environmental arenas, we provide sophisticated training sessions, and prepare individual company guidance and compliance procedures, indemnity and hold harmless agreements, and upstream and downstream customer communications.

Through the breadth and depth of our collective experience, we know well and interact routinely with the principal public and private plaintiff Proposition 65 enforcers and their attorneys. This experience gives us unrivaled insight into how to best handle all of the regulatory, policy and litigation challenges this law visits upon virtually any company doing business in the Golden State.

Reference Materials:

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"OEHHA’s New "Clear and Reasonable Warning" Regulations", Proposition 65 Annual Conference. San Francisco, CA (September 21, 2020). Co-Panelist: Richard McNeil.
Speech/Presentation
"MSHA’s Activity on Quartz and Potential for Rulemaking," Industrial Minerals Association – North America (IMA-NA) Webinar Series (May 18, 2020). Speaker: Monty Cooper.
Speech/Presentation
"No, the Supreme Court’s Decision in Atlantic Richfield Co. v. Christian Will Probably Not Open Pandora’s Box, But…," Environment & Natural Resources Law Alert (May 6, 2020). Contacts: Kirsten L. Nathanson, Elliott P. Laws, Jennifer A. Giblin, Peter Gray
Client Alert/Newsletter
Environmentalists Eye Power Plants After Supreme Court Ruling Bloomberg Law (April 24, 2020)
Media Mentions
Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.23.2020)
Firm News/Announcement
3 Takeaways From High Court Maui Groundwater Ruling Law360 (April 23, 2020)
Media Mentions
"California Court Provides Practical Guidance On Affixing The "Baseline" In A CEQA Case – And Weighs In On A Thorny Federal/California Air Quality Issue," Environment & Natural Resources Law Alert (April 21, 2020). Contacts: Robert Meyers, Thomas A. Lorenzen, Richard McNeil
Client Alert/Newsletter
"OSHA Issues Memo Regarding Discretion in Enforcement When Considering an Employer’s Good Faith Efforts During COVID-19," Environment & Natural Resources Law Alert (April 20, 2020). Contacts: Daniel W. Wolff, Monty Cooper, Leland P. Frost
Client Alert/Newsletter
EPA Gives Utilities A Headache With Mercury Rule Revision Law360 (April 17, 2020)
Media Mentions
"EPA Considers Updating Federal Procurement Guidelines for Recycled Content," Environment & Natural Resources Law Alert (April 16, 2020). Contacts: Elliott P. Laws, Jennifer A. Giblin, Robert A. Burton, Byron R. Brown
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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