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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.
Crowell Goes Up Against Jones Day With Non-Rotational Training Contract Launch The Lawyer (July 24, 2020)
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Crowell & Moring's London Office Launches New Training Contract for January 2021 All About Law (July 24, 2020)
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Cities, Counties Of The West File Dakota Access Brief With DC Court Of Appeals Williston Herald (July 22, 2020)
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Crowell & Moring’s Environment & Natural Resources Co-Chair Kirsten Nathanson Named Member of the Environmental Law Institute’s Leadership Council (Jul.21.2020)
Firm News/Announcement
"White House Updates Rules for Environmental Reviews of Federal Actions," Environment & Natural Resources Law Alert (July 17, 2020). Contacts: Byron R. Brown, Daniel W. Wolff, Thomas A. Lorenzen, Elizabeth B. Dawson, David Chung
Client Alert/Newsletter
Environmentalists Relieved as Critics Slam ‘Muddled’ SCOTUS Term Bloomberg Law (June 22, 2020)
Media Mentions
"Calls for Treaty on Marine Litter Continue During World Oceans Week," Environment & Natural Resources Law Alert (June 12, 2020). Contacts: Robert Holleyman, Clark Jennings, Ryan MacFarlane, Olivia Burzynska-Hernandez
Client Alert/Newsletter
"IRS Announces Proposed Regulations Under Section 45Q for Carbon Capture Credit," Tax Alert (June 2, 2020). Contacts: David B. Blair, David J. Fischer, Teresa Abney, Carina C. Federico
Client Alert/Newsletter
EPA Watchdog Calls For Enforcement Office Sign-Off On TSCA Consent Orders Chemical Watch (June 2, 2020)
Media Mentions

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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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