(California's Safe Drinking Water and Toxic Enforcement Act)
Hunton & Williams attorneys have advised clients on California's Safe Drinking Water and Toxic Enforcement Act (aka "Proposition 65") compliance and litigation since the initiative was adopted in 1986. The statute prohibits businesses from knowingly exposing persons in California to any of the approximately 800 chemicals listed as causing cancer, birth defects or reproductive harm, without first providing a warning. Since its inception, thousands of cases have been brought targeting industrial and manufacturing facilities, care facilities, hotels, apartment complexes, and numerous consumer products, children's toys, keys, apparel, vitamin supplements, crystal, dinnerware, food items, artificial turf, luggage, and the list goes on.
We have represented clients in Proposition 65 actions involving hundreds of chemicals. Our California environmental lawyers have significant experience in advising clients on how to minimize potential Proposition 65 liability by developing effective compliance strategies, conducting Proposition 65 audits and creating Proposition 65 warnings that are compliant with the regulations of the statute and effective deterrents from suit. When an enforcement action is brought, we are skilled at negotiating resolutions and, where necessary, implementing effective defense strategies in litigation.
Click here to read the text of the statute.
Represent numerous manufacturing clients in matters alleging chemical exposures from the use of consumer products, including food and beverage containers, cosmetic and beauty products, toys, jewelry, china, crystal, food items (including herbal supplements), computer products and automotive parts.
Represent an international oil and gas company in connection with an appeal regarding a Proposition 65 discharge action.
Represent major California hospitality and apartment associations with Proposition 65 defense and compliance issues.
Hunton & Williams has one of the most prominent environmental practices, having received a #1 national ranking by Chambers. Formed in 1970, soon after passage of the National Environmental Policy Act and the Clean Air Act, our environmental team initially represented individual electric utilities in nuclear, Clean Air Act and Clean Water Act matter. Over time, the practice has grown substantially, involving every major federal environmental statute and state environmental matters.
Our California attorneys are on the front lines of emerging environmental issues, including California's Proposition 65. We counsel clients on environmental products litigation and enforcement, regulatory issues, air quality and permitting, land use, international and domestic climate change issues, water resources, water quality issues, Superfund, sustainability and corporate social responsibility, CPSIA, REACH/chemical regulations/FIFRA, RCRA, wetlands, and endangered species.
Additionally, our European attorneys are well versed in REACH (Registration, Evaluation, and Authorization of Chemical Substances), the European Union's new chemical regulation. Similar to California's Proposition 65, the REACH Regulation imposes a series of complex and onerous obligations on manufacturers, importers, and users of chemical substances. It applies not only to to chemical substances as such, but also to all products containing chemicals, manufactured in the EU or imported from abroad. Hunton & Williams' attorneys have been involved with REACH Regulation since its inception, starting with the Commission's review of the current European Commission's chemical regulatory regime. We have monitored the development of the REACH Regulation for trade associations and other clients, and analyzed the business impact of the proposed REACH Regulation and various proposed amendments. We have commented on the Commission's proposals, and have participated actively in the public debate on REACH. Now that the REACH Regulation has entered into force, we are advising both non-EU and EU companies on REACH strategy and compliance.