Members of our Environmental Group have been representing companies regarding enforcement and compliance with Proposition 65 since the law’s enactment.
We have handled the defense of many lawsuits alleging violations of Proposition 65 — perhaps as many as any law firm. We have also handled litigation challenging portions of the statute and regulations, as well as administrative listing of chemicals by the Office of Environmental Health Hazard Assessment (OEHHA). And we have substantial experience defending claims under California’s onerous consumer protection laws, which are frequently combined with Proposition 65 claims.
We have litigated enforcement proceedings against the California Attorney General and several local prosecutors. We have also defended our clients in litigation brought by over a dozen private enforcers of Proposition 65, including the Environmental Defense Fund, As You Sow, the Environmental Law Foundation, Michael DiPirro, the Mateel Environmental Justice Foundation, Communities for a Better Environment, the Natural Resources Defense Council and Lynne Todd Edgerton. Some of the products whose manufacturers or users we have defended include: nail polish, crystal tableware, hospital sterilization equipment, diesel trucks, leaf-blowers, medical devices, vaccines, faucets, water meters, plumbing valves, automobiles, consumer electronics, bottled water, herbal supplements, power tools and lightbulbs.
Counseling. Bingham lawyers have counseled scores of companies on compliance with Proposition 65. The issues we have addressed cover a broad range.
- We have advised clients concerning the potential preemption of Proposition 65 occupational exposure warning requirements by federal OSHA hazard communication regulations.
- Our lawyers have provided guidance to numerous manufacturers on how to comply with consumer warning requirements.
- Bingham lawyers have worked with both large and small facilities to assess environmental exposures and develop appropriate Proposition 65 programs.
- We also have assisted clients in petitioning the state to remove chemicals from the lists of Proposition 65 substances.
In addition, we have provided counseling services or made presentations regarding Proposition 65 to a number of organizations and industries. The following is a partial list of these groups:
- American Bar Association
- American Herbal Products Association
- Bar Association of San Francisco
- California Mining Association
- Construction Materials Association of California
- Cosmetic, Toiletry, & Fragrance Association
- Electronic Industries Alliance
- Grocery Manufacturers of America
- Health Industry Manufacturers Association/Adva Med
- Santa Clara County Bar Association
- Sonoma County Manufacturing Group
- Washington Legal Foundation
- Water Education Foundation
- Western Crop Protection Association
- Administrative Proceedings
Bingham lawyers have represented clients and trade associations in connection with administrative listing proceedings. We have successfully represented clients who believe that the chemicals they use or produce should not be included on the Proposition 65 list. In some cases we have helped to avoid or limit the listing. In other cases we have helped to delist a chemical based upon new information. Currently, we are representing a large group of agricultural trade associations including the Western Crop Protection Association in connection with the potential listing of Proposition 65 crop protection chemicals as reproductive toxicants.
Bingham also appears on behalf of individual and trade association clients in workshops and hearings on the implementation of Prop 65 and the promulgation of implementing regulations.