The firm currently represents citizen enforcers seeking removal of toxic chemicals from everyday products, pollutants from our waterways, and protection against improper land use plans or practices.

For example, Proposition 65 prohibits businesses from selling products in the State of California that contain chemicals known to cause cancer or reproductive harm without first warning the public. Proposition 65 seeks to promote awareness and to protect the public health, explicitly recognizing the public’s right to know of the presence of toxic chemicals found in consumer products.

Proposition 65 enforcement actions may be brought by the California Attorney General, district attorneys, city attorneys, or by private citizens or groups acting in the public interest. If an enforcement action is successful, a Court can order the violator to (i) reformulate its product to eliminate the toxic chemical, (ii) stop selling its product in the State of California, (iii) provide a warning that the product contains a chemical known to cause cancer or reproductive harm, and (iv) pay civil penalties or fines of up to $2,500 per day for each violation.

The goal is to obtain a cleaner and healthier environment.  The firm’s clients seek to uncover toxic chemicals hiding in consumer products used every day by the general public in order to eliminate these toxic chemical exposures, and to hold offenders responsible by obtaining reformulation, warnings, and civil penalties (75% of which are payable to the State of California).

The Clean Water Act (the “Act”) encompasses layers of state, federal, and local water resource and water quality statutes and regulatory programs. The Act regulates the levels of pollutants in stormwater that are legally permitted to enter surface waters. The goal being to reduce stormwater runoff, a leading source of pollutants, through developing, implementing, and improving required pollution control management practices. Through citizen suits, our clients seek injunctive relief and penalties from companies that discharge pollutants into the nation’s waterways. The firm’s attorneys also assist our clients in a variety of judicial and administrative proceedings relating to modifying and improving land-use plans or practices.  For example, when there is a discretionary action taken by a California governmental agency that may have a significant adverse effect on the environment, the agency is required to comply with the California Environmental Quality ACT (“CEQA”).  We assist our clients in reviewing and commenting on the reports that governmental agencies must prepare and circulate for public comment regarding the anticipated environmental impact of their actions.