Law Offices of Brian Gaffney APC litigates violations of California’s Proposition 65 and the federal Clean Water Act.
California’s Proposition 65 law (Safe Drinking Water and Toxic Enforcement Act of 1986) requires businesses to warn of products containing chemicals causing cancer or reproductive toxicity. Proposition 65 also prohibits businesses from discharging cancer-causing or reproductively toxic chemicals into water or onto land where such chemicals or probably will pass into a drinking water source.
The Clean Water Act aims to prevent, reduce, and eliminate pollution discharges to navigable waters.
Representative litigation includes:
As You Sow v. Valspar Corporation, True Value Company, Ace Hardware Corporation, Home Depot U.S.A., Inc., Kelly-Moore Paint Co., Inc. (San Francisco Superior No. RG 07-356151). Litigation related to use of Goof Off cleaning products containing ethylbenzene without warnings.
As You Sow v. Conbraco et al. 135 Cal.App.4th 431 (First Dist. 2006). Complex litigation against plumbing manufacturers and distributors for alleged discharge of lead from plumbing parts made of copper alloy, bronze and/or brass.
Ecological Rights Foundation Proposition 65 cases. Litigation related to lead in bookcases, china cabinets, desks, doors, lamps, kitchen cabinets, and other stained glass products without warnings. Settlements resulted in elimination of lead caming and lead solder from products and inventory, warnings to past customers, and payments to reduce harm from toxic chemicals or increase awareness of health hazards.
San Bruno Mountain Watch v. Cypress Amloc Land Co. (N.D. Cal. Civ. No. C-04-03385 EDL) Substantive settlement reached in challenge to landfill’s discharges of polluted storm water and unauthorized non-storm water, as well as alleged discharges of volatile organic compounds and other contaminants to groundwater.
San Francisco Baykeeper v. City of Burlingame (N.D. Cal. Civ. No. CV-08-0895- CW) Substantive settlement reached in challenge to Burlingame’s discharge of sewage and failure to properly monitor and report sewage discharges.
San Francisco Baykeeper v. Town of Hillsborough, 2008 WL 5130418 (N.D. California 2008).
San Francisco Baykeeper v. City of Saratoga, 141 F.3d 1178 (9th Cir. 1998). Substantive settlement reached in challenge to Saratoga’ discharge of fecal coliform from stormdrains.