California

With the continued growth of California's role as an environmental standard-bearer, domestic and international businesses are increasingly entrusting their environmental matters to Arnold & Porter. Our distinctive legal, regulatory and political capabilities provide a "cradle to grave" approach—proactively engaging early in the regulatory process using both our substantive and political expertise, providing sound compliance advice once the regulation becomes effective, and, if necessary, litigating the legal validity of a final regulation or defending against enforcement actions. We couple legal counseling with practical and strategic recommendations to ensure clients are well positioned to advance in California's complicated and often burdensome regulatory environment. We often handle cases involving newly emerging legal and scientific issues and lead industry coalitions in challenging regulations, including CARB and Proposition 65 chemical requirements.

Regulatory/Compliance Counseling: Helping clients navigate the complex matrix of state and federal climate change and air toxics, chemical, water quality, and health and safety regulations that impact companies with business interests in California.

Litigation/Enforcement: Defending against administrative, civil and criminal enforcement actions, citizen suits, Proposition 65 claims, class actions and toxic tort lawsuits under California/federal environmental law, and challenging California and federal rulemakings.

Real Estate/Transactions: Providing experience-based counsel for brownfields redevelopment and environmental due diligence in M&A and real estate transactions.

Legislative and Public Policy: Advocating before California's legislature, governor's office and regulatory agencies on environmental issues, especially those involving greenhouse gases, engine emissions or consumer products.

Experience Highlights

  • California Chamber of Commerce in First Amendment lawsuit challenging Proposition 65 warning requirement for acrylamide in food.
  • Dunkin' Donuts, 7-Eleven, ampm, and National Coffee Association in long-running litigation over acrylamide in coffee.
  • Grocery Manufacturers Association, Personal Care Products Council, American Herbal Products Association, California Restaurant Association, and multiple members in regulatory proceedings concerning Proposition 65.
  • Honeywell in numerous hazardous site cleanups and related litigation, including cost recovery and contribution actions under CERCLA and state law.
  • Numerous global automobile, engine and equipment companies, and trade associations in a wide range of US EPA and California air quality matters, including defense of major enforcement actions alleging use of "defeat devices" and compliance matters and regulatory counseling regarding certification, testing, labeling, remanufacturing, audits, onboard diagnostics, emissions warranties, defect reporting and recalls, and greenhouse gas emissions standards.
  • Procter & Gamble in advancing the company's legislative agenda before the California State Legislature, including consumer product, environmental, privacy, and other policy issues.
  • US automobile manufacturer in a US EPA and CARB enforcement action regarding alleged use of emissions-defeat devices and nondisclosure of auxiliary emission control devices.
  • Numerous consumer product companies in CARB enforcement matters concerning alleged violations of the emission standards for volatile organic compounds (VOCs) and formaldehyde in consumer products.
  • A.O. Smith Corporation, one of the world's leading manufacturers of residential and commercial water heaters and boilers, in advancing its policy agenda regarding building-electrification and water quality issues before the California Legislature, the California Energy Commission and the California State Water Resources Control Board.
  • Vulcan Materials Company, the nation's largest producer of construction aggregates, in advancing the company's legislative agenda before the California State Legislature and various regulatory agencies regarding environmental, water and transportation issues.
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