Program
2017 Prop 65 Conference

Monday, September 25, 2017
Julia Morgan Ballroom, 15th Floor
Merchants Exchange Building
465 California Street, San Francisco


Arrival

7:45 to 9:00 

Registration and Continental Breakfast


Pre-Conference Classes

8:00 to 9:00

Prop. 65 Compliance 101

Instructors:

Caroline Cox, Research Director, Center for Environmental Health

Carol Monahan-Cummings, Chief Counsel, OEHHA

Rob Scofield, Vice President and Principal Toxicologist, GSI Environmental

8:00 to 9:00

Prop. 65 Freshman Orientation

Instructors:

Alecia Cotton, Associate, Rogers Joseph O'Donnell

Howard Hirsch, Principal, Lexington Law Group

Laura Zuckerman, Deputy Attorney General


Morning Plenary Session

9:05 to 9:10

Welcome to the Conference

Lana Beckett, Publisher, Prop. 65 Clearinghouse

9:10 to 9:20

Tribute to Judge Brick

Justice Anthony Kline, First District Court of Appeal

9:20 to 10:00

Opening Address from the Conference Chair

Michael Green, Chief Executive Officer, Center for Environmental Health

10:00 to 11:00

OEHHA's New Warning Regulations and Internet Platforms: Who Has the Responsibility to Warn?

Description: How should internet platforms like Amazon, eBay, Etsy and others approach the responsibilities laid out in OEHHA's new warning regulations.

Moderator:

Harrison Pollak, Deputy Attorney General

Panel:

George Gigounas, Partner, DLA Piper

Amy Lally, Partner, Sidley Austin

Carol Monahan-Cummings, Chief Counsel, OEHHA

Eric Somers, Principal, Lexington Law Group

11:00 to 11:15

Break

11:15 to 12:15

Patchwork Settlements: What Standards Should Apply?

Description: Recent court settlements have included different standards proposed for the same type of products. This panel looks at why this happens and discusses what standards/settlements companies should be held to.

Moderator:

Hon. Richard Kramer (Ret.), San Francisco Superior Court, JAMS

Panel:

Laura Beaton, Attorney, Shute Mihaly & Weinberger

Sarah Esmaili, Counsel, Arnold & Porter Kaye Scholer

Renee Kalmes, Principal, Exponent


12:40 to 2:00

Lunch

1:00 to 2:00

How California's Lead Role on Environmental Issues in the Trump Era Will Impact Business

Description: This panel will discuss how California has taken the lead in maintaining high environmental standards while encouraging many innovations to help the state's economy.

Moderator:

Fiona Smith, Writer, CEI Today

Panel:

William Craven, Chief Consultant, Senate Committee on Natural Resources and Water

Michael Green, Chief Executive Officer, Center for Environmental Health 

Anthony Samson, Senior Attorney and Policy Advisor, Arnold & Porter Kaye Scholer

Karyn Schmidt, Senior Director, American Chemistry Council


Afternoon Plenary Session

2:00 to 3:15

Prop. 65's Reefer Madness

Description: Almost 700 60-day notices have been served recently on medical cannabis dispensaries, involving pesticide residues in cannabis edibles. And dozens of others have been filed against marijuana clubs for marijuana smoke, a listed Proposition 65 carcinogen. With the new MCRSA and AUMA regulations to become effective in 2018, there could be some significant disconnects between Proposition 65 "compliance" and compliance with the new regs. Layered over that is the new Proposition 65 warning regs imposing most of the warning responsibility on suppliers rather than retailers.

Moderator:

Ann Grimaldi, Principal, Grimaldi Law Offices

Panel:

Matthew Maclear, Partner, Aqua Terra Aeris Law Group

Mark Morrison, Principal, Morrison Law Firm

Harrison Pollak, Deputy Attorney General

Malcolm Weiss, Partner, Hunton & Williams

Henry Wykowski, General Counsel, National Cannabis Industry Association

3:15 to 3:30

Break


Breakout Sections

3:30 to 4:30

60-Day Notices: Practical Lessons for Avoiding Potential Pitfalls

Description: This panel will look at what should be in a 60-day notice, avoiding conflicts with competing notices, and advice to new plaintiffs.

Moderator:

David Roe, Principal, Law Offices of David Roe

Panel:

Ryan Landis, Partner, Polsinelli

Chris Van Gundy, Partner, Keller & Heckman

Bill Verick, President, Mateel Environmental Justice Foundation

Josh Voorhees, Managing Attorney, The Chanler Group

3:30 to 4:30

Listings of Controversial Chemicals: How Successful are Court Challenges?

Moderator:

Susan Fiering, Supervising Deputy Attorney General

Panel:

Avi Kar, Attorney, NRDC

Carol Monahan-Cummings, Chief Counsel, OEHHA

Rick Rothman, Partner, Morgan Lewis

Greg Sperla, Associate, Greenberg Traurig  

3:30 to 4:30

Advice on Presenting Your Case for a Safe Use Determination

Description: A SUD is a tool that can provide verification to businesses that their product or operating practices comply with the requirements of Proposition 65. A SUD can also provide important assurance to the public that a given product or activity is in compliance with Proposition 65. This panel will explain how to present your findings to OEHHA to show that exposure to a listed chemical in your product is at or below the Safe Harbor number.

Moderator:

Allan Hirsch, Chief Deputy Director, OEHHA

Panel:

Mike Easter, Principal, Ensight

Ann Grimaldi, Principal, Grimaldi Law Offices

Martha Sandy, Chief, Reproductive & Cancer Hazard Assessment Branch, OEHHA


4:30 to 5:30

Networking Cocktail Reception

Prop 65 Program Materials

 
 

2017 Prop 65 Conference Sponsors

 
 

Full Sponsors

  • Barnes & Thornburg LLP
  • Downey Brand LLP
  • GSI Environmental
  • Keller and Heckman
  • Rogers Joseph O'Donnell
 
 

Basic Sponsors

  • • Beveridge & Diamond
  • • Ensight
  • • Farella Braun + Martel
  • • Grimaldi Law Offices
  • • Hanson Bridgett LLP
  • • Hunton Andrews Kurth
  • • Kelley Drye & Warren
  • • Meyers Nave
  • • Morgan, Lewis & Bockius

Supporting Sponsors

  • American Chemistry Council
  • American Herbal Products Association
  • Association of Home Appliance Manufacturers
  • California Environmental Insider
  • California Retailers Association
  • Center For Environmental Health
  • Consumer Healthcare Products Association
  • Daily Journal Corporation
  • OEHHA
  • Sustainable Furnishings Council