Partner, San Francisco
101 California Street
Floor 41
San Francisco, CA 94111

TEL: 415.267.4170
FAX: 415.267.4198
EMAIL: slandfair@mckennalong.com

PROFILE

Stan Landfair is an environmental law specialist, counseling companies in the chemicals, aerospace, electronics and other manufacturing industries on both the legal and the technical aspects of environmental compliance, particularly in the areas of process chemistry and affect production processes. He has represented his clients before a variety of administrative forums, state and federal courts, United States Courts of Appeal and the U.S. Supreme Court.

Mr. Landfair is particularly known for his expertise in the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and counterpart laws in California that regulate the manufacture, distribution, sale and use of pesticides.  He counsels clients regularly regarding their requirements under these laws, and has defended numerous enforcement actions by US EPA and state agencies against manufacturers and distributors of pesticides.  Mr. Landfair also is known for his vigorous prosecution and defense of claims regarding the intellectual property rights of companies that submit trade secret health and safety testing data to federal and state agencies under FIFRA and various state laws.

Mr. Landfair also is widely known for his expertise in the federal Toxic Substances Control Act (TSCA) and similar laws in other countries that regulate the manufacture, distribution and use of chemicals in the United States and around the world.  He has defended manufacturers of chemical, petroleum, aerospace and electronic products in major TSCA enforcement actions brought by the United States Environmental Protection Agency in Washington, DC, New Jersey, Pennsylvania, Illinois and California.

In California, Mr. Landfair is a recognized authority on "Proposition 65,” the popular name for the State's Safe Drinking Water and Toxic Enforcement Act of 1986.  He has defended well over a thousand companies against "failure to warn" claims under the Act, arising from the sale and use of products containing chemicals such as asphalt (asphalt roofing materials), chromium (orthodontic devices), DEHP (intravenous feeding devices), mercury (dental amalgam), lead (firearms and bullets, cookware, pipe nipples), nicotine (smoking cessartion devices), TCE (dry cleaning fluid), tobacco smoke (cigarette smoke in hotels) and toluene (bulk chemicals, paints, spray paints).  Mr. Landfair won landmark victories in the case of As You Sow v. Shell Oil Company, resulting in a ruling by the federal Occupational Safety and Health Administration (OSHA) and the San Francisco Superior Court that Proposition 65 cannot be enforced against out-of-state manufacturers of workplace chemical products; and Consumer Defense Group v. ARCO, resulting in a ruling that the Proposition 65 "discharge prohibition" does not give rise to bounty-hunter claims at thousands of gas stations for the "passive migration" of chemicals after a discharge occurs.  Mr. Landfair also has advised and represented many companies and industry task forces in preventing the unwarranted listing of chemicals under Proposition 65.

Mr. Landfair co-authored the TSCA Handbook (Government Institutes, Third Edition, 1998) and contributed to the Environmental Law Handbook (Government Law Institutes, Fifteenth Edition, 1999). He is frequently asked to lecture and write on TSCA enforcement and compliance issues.