Castellón & Funderburk LLP

The California Attorney General’s office reports that, in the month of December 2012, the law firm of Miguel A. Custodio, Jr. served over thirty 60-day notices of violation on behalf of at least five citizens of the state of California.  Each of these notices of violation were targeted at businesses operating within the food service and alcoholic beverage industry.  The cited violations included the “knowing” and “intentional” sale of either “alcoholic beverages, when associated with alcohol abuse,”  “ethyl alcohol in alcoholic beverages,” or both without a clear and visible warning.

The chemical trichloroethylene, also known as TCE, a chlorinated solvent that was commonly used as a metal degreaser and in dry cleaning, has been reclassified as a "known human carcinogen" by the World Health Organization's International Agency for Research on Cancer.  During the month of October, a group of scientists met in France to review evidence and discuss the impact of TCE and other solvents.  The group concluded that TCE, which has been listed as a carcinogen under Proposition 65 since 1988, presented more than just a cancer hazard and was in fact carcinogenic to humans.   The group's evaluation is now included in the World Health Orginization's guidance regarding TCE and other chlorinated solvents.  

OEHHA has recently added the chemicals alpha-methyl styrene and sulfur dioxide to the list of Prop 65 chemicals. Alpha-methyl styrene is described as “known to the state to cause reproductive toxicity” and sulfur dioxide is “known to the state to cause developmental toxicity.” These listings are effective as of July 29, 2011.

The Chanler Group and Consumer Advocacy Group (CAG) have served the majority of notices of intent to sue in late July and early August. The Proposition 65 listed chemicals the Chanler Group has concentrated on are Butyl Benzyl Phthalate (BBP), Di (2-ethylhexyl) phthalate (DEHP), and Di-n-butyl phthalate (DBP). CAG has focused on lead and cadmium.

C&F Partner Ross Hirsch has played an instrumental role in passing a new piece of bikers’ rights legislation spearheaded by Los Angeles City Councilman, Bill Rosendahl. The new ordinance, approved by Los Angeles City Council in late July, prohibits motorists from harassing cyclists, and awards successful complainants a minimum liability of $1,000, regardless of damages, in addition to lawyer fees. However, the ordinance does not provide for the driver’s legal fees, even if successful.

Ross Hirsch has recently been reappointed as the Co-Chair of the Social Media and Technology Committee of the Los Angeles County Bar Association Environmental Section Executive Committee. He was originally appointed two years ago.

The United States Court of Appeals for the Ninth Circuit recently released a monumental decision regarding the case, Natural Resources Defense Council, Inc, et al. v. County of Los Angeles, et al. The Plaintiffs, NRDC and Santa Monica Baykeeper, claimed that the Defendants discharged polluted stormwater runoff through its municipal separate storm sewer systems (MS4) into navigable waters in Southern California. The navigable waters in question consist of the Santa Clara River, the Los Angeles River, the San Gabriel River, and Malibu Creek, which are collectively known as “The Watershed Rivers” that feed into the Pacific Ocean. Thus, the Plaintiffs claim that the Defendants have violated the Clean Water Act, the nation’s chief water pollution control law. Although all parties agree that the water quality standards in the Watershed Rivers have been exceeded, the Defendants argue that there is no evidence that establishes their responsibility for the pollutants.

The Proposition 65 lawsuits of early to mid July have been centered on Di (2-ethyhexyl) phthalate (DEHP) and Di-n-butyl Phthlate (DBP) in a variety of accessories such as shoes, cosmetic bags, keychains, journals, earbuds, and luggage tags, and in a variety of kitchen tools and household items. The groups issuing these notices of intent to sue include the Chanler Group and Consumer Advocacy Group, Inc (CAG).

In early June, the National Toxicology Program (NTP) removed biosoluble glass wool fibers used for home and building insulation from its list of possible carcinogens. Thus, a cancer warning label for the material is no longer required by federal law due to NTP’s decision.

The Developmental and Reproductive Toxicant Identification Committee (DARTIC) voted at its July 12-13 meeting in Sacramento to list sulfur dioxide (SO2) as a Proposition 65 reproductive toxicant. Most of this well-known air pollutant’s exposure is through inhalation by individuals, and through occupational exposure in industrial settings, such as the use of SO2 as a pesticide.