Event Description
Remote participation
only.
This program is sponsored
by the MSBA Environmental, Natural Resources and Energy Law
Section.
California's Proposition 65, officially known as the Safe
Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide
warnings to Californians about significant exposures to chemicals that cause
cancer, birth defects or other reproductive harm. These chemicals can be in the
products that Californians purchase, in their homes or workplaces, or released
into the environment. The practical reach and impact of Proposition 65 is far
beyond the borders of California and can adversely impact Minnesota based
businesses selling products directly or indirectly into
California.
Proposition 65 is enforced exclusively via civil
lawsuits, which can be brought by public authorities or by any “person in the
public interest” pursuant to the law’s citizen suit provision. As a chemical
right-to-know law, Proposition 65 helps consumers make informed decisions about
the products they purchase. Since its enactment, enforcement of the law also has
encouraged businesses to reformulate their products to reduce or eliminate
exposures to chemicals on the Proposition 65 list. Some Proposition 65
settlements have served as models for state legislation restricting the use of
chemicals in consumer products.
Thousands of Proposition 65 claims have
been asserted by private enforcers over the years, with over 3,000 Notices
of Violation issued in 2020 alone. With strong financial incentives for private enforcers
to pursue claims, many in the regulated community view Proposition 65 as
encouraging frivolous “gotcha” lawsuits. Similar concerns on the part of state legislators
have resulted in several amendments of Proposition 65. Join us for a
presentation by experienced Proposition 65 practitioners on both sides of the
“v.”, who will provide an overview of the law and its enforcement, its
risks to Minnesota businesses and practical tips on avoiding a
claim.
Presenters:
Ann
Grimaldi | Principal, Grimaldi Law Offices, San Francisco,
CA
Howard
Hirsch | Lexington Law Group, San Francisco, CA
CLE Credits:
1.0 Standard CLE Credit | Event Code:
344292
Cost:
ENRE Member: $25
MSBA Member not in the ENRE Section:
$30*
Non-MSBA Member: $35
Law Student: FREE
*Join the ENRE Section: Not a Section
Member? Sign up
now and receive membership through June 30th, 2022. That’s 16 months for the
price of
12!
Deadline to register: April 4, 2021
Remote Participation: Remote instructions will be
emailed to you the day prior to the event.
Payments: Due to the pandemic, accounting staff have
limited access to the office making the processing of checks difficult. We
request that you register online or over the phone by credit card whenever
possible. If you need assistance, please contact the program manager. If
you must pay by check, please use this
registration form.
Cancellations: Need to cancel? Please see our cancellation
policy .
Accommodations: The MSBA is committed to
creating an inclusive environment in which all members can participate fully. If
you need reasonable accommodations to participate in this event, please notify
the program manager. Please provide notification at least 72 hours prior
to the meeting to allow sufficient time to make arrangements for accommodations.
Thank you.
Program Manager:
Tram
Nguyen
tnguyen@mnbars.org
612-278-6346