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Doing Business in California:

February 2003
What Every U.S. Company Should Know About California's Environmental, Health & Safety and Consumer Protection Laws
McKenna Long & Aldridge Atlanta Office

Attorney(s) Speaking

Part I: Buying and Selling Real Estate in California

The ownership and transfer of contaminated property in California is unusually complex, but offers considerable opportunities as well as potential pitfalls. The panel will discuss the multiple agencies and programs with overlapping jurisdiction over soil and groundwater contamination and ways in which it is often possible to choose oversight by the particular agency that offers the best programs, standards, and requirements. Real-world examples will be discussed, with reference to specific Brownfields and other "risk-based" remediation programs intended to facilitate the redevelopment and transfer of contaminated property.

Part II: Selling Products in California

California imposes unique requirements for selling products in the state, most of which can be enforced by private citizen suits. Each year, thousands of companies are ensnared by these laws -- and by private party "bounty hunters." This panel will discuss recent developments in the enforcement of the Unfair Competition Law and the Safe Drinking Water and Toxic Enforcement Act (also known as Proposition 65), and will address requirements for Volatile Organic Compounds in consumer products, as well as requirements regarding the distribution of many ordinary chemicals that are regulated under the California Controlled Substances Act.

Part III: Operating a Facility in California

California has gone further than any other state in developing and implementing environmental and safety laws that extend well beyond the federal regime. The differences are sometimes subtle, but more often they are part of elaborate and stand-alone programs that may eventually be adopted at the federal level. This panel will discuss Cal-OSHA and its separate programs (like ergonomics and Proposition 65) as well as some of Cal-OSHA's differences with established health and safety programs. Operating a facility also entails waste management, and the panel will explore the differences of California regulation of waste, from cradle-to-grave, and beyond. The panel also intends to outline key issues concerning California's specific air laws from Air Toxic "Hot Spots" to CARB and District regulations and to suggest ways to maintain compliance in this unique jurisdiction.

Part IV: Ethics Issues Associated with Environmental Representation in California

Companies doing business in a variety of states often find themselves embroiled in environmental disputes and enforcement actions unique to California. This session focuses on the advantages of using local counsel familiar with the particular regulations, enforcement focus and protocols of local agencies and citizen enforcement groups. Our panel also highlights corporate governance issues and when even the lawyers face potential liability for environmental violations.

February 28, 2003 -- 9:00 a.m. - 4:00 p.m.
at the Atlanta offices of
McKenna Long & Aldridge LLP
303 Peachtree Street, Suite 5300, Atlanta, GA 30308

RSVP to Karen Wilcox at kwilcox@mckennalong.com or (404) 527-8533