TSG

Prop 65 Technical Expertise

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PROPOSITION 65 TECHNICAL EXPERTISE

Under Proposition 65, “Clear and reasonable warnings” must be applied to certain chemical products and discharges to possibly potable water, based on risk to the public. Estimation of the degree of risk is therefore essential, and depends partly on levels of exposure to the products or discharges. Levels of exposure are frequently estimated by calculation, using mathematical models that predict chemical distribution and dissipation. Simple models are preferred, but more complex models are sometimes helpful to offset a plaintiff's arguments.

TSG provides the technical expertise to support our risk assessments, and those of others, and to examine the calculations and models used by plaintiffs. In this way plaintiffs can be prevented from obtaining judgments and settlements through the use of unrealistic models or assumptions.

We have often been retained to provide technical expertise in negotiations with plaintiffs. As a result, we are familiar with approaches used by plaintiffs to a) generate risk assessments, and b) discredit those prepared by others. We can provide:

  • A plaintiff's approach to assure that our assessments will withstand hostile examination and litigation.
  • Alternative or counter approaches that establish the validity of our models, and to question those used by plaintiffs, which are often excessively conservative.

TSG has the strong scientific expertise required to develop, explain, and apply sound exposure models. The same expertise is available to examine and call into question other approaches to risk assessment that are excessively conservative or unwarranted.

Our consultants work as a team to provide the knowledge, experience, technical expertise, and guidance to deter litigation if possible. The same resources are applied to defend against inappropriate assumptions that are often the basis of a plaintiff's claims.