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Proposition 65

Overview

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.

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Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA....

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Professionals

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Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA....

View All Insights