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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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Crowell & Moring Partner Robert Meyers Appointed to the EPA's Clean Air Act Advisory Committee (Nov.07.2019)
Firm News/Announcement
Crowell & Moring Earns 48 Practice Area Rankings from U.S. News & World Report – Best Lawyers (Nov.05.2019)
Firm News/Announcement
"Potential Impact on EPA of Recent Executive Orders Addressing Agency Guidance," Environment & Natural Resources Law Alert (October 17, 2019). Contacts: Peter Gray, Amanda Shafer Berman, John D. Conner, Jr., Daniel W. Wolff, Leland P. Frost
Client Alert/Newsletter
Lawyers See Blunted Impact From Trump's Executive Orders Bloomberg Environment (October 11, 2019)
In the News
Environmental Lawyers Eye Impacts Of New Trump Executive Orders Bloomberg Environment (October 11, 2019)
In the News
"California’s Mill Assessment," Household & Consumer Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 10, 2019). Presenter: Michael Boucher.
Speech/Presentation
"FIFRA Enforcement," Household & Consumer Products Association’s Annual Pest Management Workshop, Washington, D.C. (October 9, 2019). Presenter: Michael Boucher.
Speech/Presentation
"The Toxic Substances Control Act (TSCA) in Ten Slides," What’s New with TSCA and How Does It Intersect with California’s Chemical Regulations, Proposition 65 Clearinghouse Annual Conference, San Francisco, CA (September 23, 2019). Presenter and Panelist: Michael Boucher.
Speech/Presentation
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement
DC Circ. Tosses Clean Power Plan Challenges Law360 (September 17, 2019)
In the News

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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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