California Environmental Law Policy
A leader in innovative environmental regulation, California represents a significant portion of the nation’s economy and presents new challenges to businesses operating within the state. McKenna Long & Aldridge (MLA) attorneys in California support businesses from around the world in meeting those challenges. We have experience in a wide range of areas, including Proposition 65, Pesticide Regulation, the California Green Chemistry Initiative, Climate Change (AB 32), the California Environmental Quality Act (CEQA), and environmental impacts on the Ports, Harbors & Shipping industries.
With offices in Los Angeles, San Francisco and San Diego, and support by Technologies Services Group Inc. (TSG) (our wholly-owned technical consulting subsidiary with offices located in Davis, California), our California team provides strategic solutions for clients looking to manage risks and seize opportunities related to environmental law and policy.
In the past 15 years, we have represented thousands of manufacturers, refiners, distributors and retailers of consumer and industrial products and their trade associations in Proposition 65 enforcement actions. In the course of these cases, our firm has brought about some of the most significant developments in the law. We have defended many of the leading Proposition 65 “failure-to-warn” suits — including those alleging “consumer product,” “occupational” and “environmental” exposures — litigating some cases to judgment and through appeal, and negotiating favorable resolutions for our clients in others.
Green Chemistry Initiative
In December 2008, the California Environmental Protection Agency published its Green Chemistry Initiative Final Report describing its policy recommendations for “greening” California commerce. New legislation, effective in 2009, promotes two of the policy recommendations: (1) accelerate the quest for safer products; and (2) create an online toxics clearinghouse. MLA’s team of lawyers along with technical support are experienced at assessing and mitigating the impacts of these, and future, Green Chemistry Initiative laws and regulations.
California Pesticide Regulation
MLA’s pesticide practice is one of the oldest in the nation. We have represented pesticide manufacturers and distributors before California’s Department of Pesticide Regulation, represented companies in citizen suits brought by environmental advocacy groups to cancel registrations, and successfully defended the State’s data ownership laws and letter of authorization process on behalf of pesticide data submitting companies. MLA attorneys also recently negotiated the first ever Supplemental Environmental Project under FIFRA with the U.S. Environmental Protection Agency, establishing a training program for pesticide retailers.
California Climate Change (AB 32)
The MLA team provides advice on the ongoing rulemaking under the California Global Warming Solutions Act (AB 32). We also provide guidance to clients on developing and implementing programs to inventory their GHG emissions and adopt measures that reduce “carbon footprints” consistent with established protocols and standards.
California Environmental Quality Act (CEQA)
We routinely handle California Environmental Quality Act (CEQA) compliance matters and defense and prosecution of CEQA litigation for both public and private clients. Our CEQA work also involves reviewing and advising clients on negative declarations, environmental impact reports and working with consultants on framing proper responses during the public notice periods and the public hearing process.
Our California attorneys have broad experience in environmental cost recovery actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the counterpart California Superfund law. MLA has negotiated numerous multi-party cleanups of California properties allegedly contaminated, handled related state and federal court litigation matters, and has represented clients in numerous administrative proceedings, including permit appeals and enforcement actions.
California Ports, Harbors & Shipping
MLA provides legal counseling, advice and litigation support to public and private entities in the ports, harbors and shipping industries. MLA is able to address the port industry's core challenges in shaping, addressing and complying with environmental laws as they impact port communities, including coastal zone development, coastal resources, shipping and commerce, climate strategies and greening policies.
California Occupational Safety and Health Administration (Cal/OSHA)
With the ever-increasing complexities of the workplace, and California’s extensive state health and safety regulations, the MLA team provides crucial guidance for employers on the application of and compliance with Cal/OSHA regulations and how penalties may be minimized or avoided.
California’s Rigid Plastic Packaging Container Law
MLA assists clients in understanding and complying with California’s Rigid Plastic Packaging Container Law, as well as the implementing of regulations administered by the California Integrated Waste Management Board (CIWMB). Our extensive knowledge of the RPPC Law enables us to guide clients in ensuring compliance and avoiding enforcement actions.
- April 12, 2013On April 10, 2013, the California Department of Toxic Substances Control (“DTSC”) released further changes to the proposed Safer Consumer Products (“SCP”) Regulations, with a 15-Day comment period ending at 5:00 p.m. April 25, 2013.
- January 31, 2013
- MLA Proposition 65 Advisory: Styrene Information and Research Center v. Office of Environmental Health Hazard AssessmentNovember 13, 2012In a unanimous opinion, the California Court of Appeal, Third Appellate District upheld a ruling by the Superior Court for Sacramento that enjoined the State’s Office of Environmental Health Hazard Assessment (“OEHHA”) from listing two chemicals – styrene and vinyl acetate – as chemicals “known to the state to cause cancer” for purposes of the Safe Drinking Water & Toxic Enforcement Act (commonly referred to as “Proposition 65”).
- Calif.'s OEHHA Listings Must Reflect Scientific Record
- Proposition 37: A ‘Modest Proposal’
- Top 9 Questions About Prop 37
- Bill proposed to curb 'frivolous' Prop. 65 suits
- Prop. 65 Reform, Offered As Panacea, Could Prove Unpopular
- California Cases To Watch In 2013