Sophia B. Castillo
Partner
Sophia Castillo (“Sophie”) helps her clients comply with, and litigate, complex legal issues relating to toxics and chemicals in products and in the environment. Her practice focuses on California’s Proposition 65, litigation involving chemicals in consumer products, and pollution and contamination claims in soil and water.
In her products practice, Sophie helps companies up and down the supply chain (importers, manufacturers, distributors, and retailers) comply with the warning and labeling mandates of Proposition 65 for chemicals in products and defends them in plaintiff claims when they arise. She works with food & beverage, furniture and housewares, personal care, and consumer product companies on Proposition 65 and other state law regulatory compliance programs and audits of existing products for regulatory compliance.
Sophie has been an active Proposition 65 defense attorney for many years. She has a particular interest in and passion for Proposition 65 as it relates to the food industry and counsels importers, distributors, national brands, private labels, institutional suppliers, family-owned food processing businesses, and retail grocers on Proposition 65 compliance, litigation, and risk avoidance. She is well-versed in the nuances of exposure analyses that shape Proposition 65 compliance decision-making in the regulated community. She authors a monthly update describing trends in Proposition 65 60-Day Notices of Violation by citizen plaintiff groups and is a frequent presenter on Proposition 65 issues for associations, including the Association of Food Industries, the Specialty Food Association, and the annual Prop. 65 Clearinghouse conference.
In her environmental law and litigation practice, Sophie defends scientific environmental law and toxic tort cases. She litigates complex, multi-party CERCLA/contaminated property cases and has expertise in natural resource damages claims, natural resource damage assessments, oil spill response, the Oil Pollution Act, and Clean Water Act matters. Sophie also defends toxic tort matters involving chemicals in foods, beverages, consumer products, and pharmaceuticals. She litigates matters involving chemical exposure claims, and frequently works with experts in toxicology, chemical regulation, food safety, and epidemiology.
Professional, Community And Pro Bono Involvement
- Prop 65 Clearinghouse, Advisory Board Member, 2022
- Association of Food Industries
- California Grocers Association (CGA)
- California League of Food Processors (CLFP)
- California Manufacturers & Technology Association (CMTA)
- Specialty Food Association (SFA)
- Bar Association of San Francisco, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- Ad-Hoc Industry Resource Management Group
- Association of Women in Water, Energy and the Environment
- San Francisco Bay Planning Coalition
Honors & Rankings
- JD Supra 2022 Readers’ Choice Awards, Food & Beverage, Top Author
- JD Supra 2021 Readers’ Choice Awards, Food & Beverage, Top Author
- U.C. Hastings Pro Bono Attorney Honor Roll, U. C. Hastings Center for Gender and Refugee Studies, 2012
- Hastings Law Journal, Articles Editor, 2004-05
- U.C. Hastings Moot Court Team, Roger Traynor Appellate Moot Court Competition, Second Place – Best Oral Argument, 2004
Proposition 65 Counseling & Litigation Defense
- Represented product manufacturers and retailers in defending and settling numerous Proposition 65 matters, both at the pre-litigation notice phase and in litigation, in the following industries: cosmetics, food and beverage, lead hardware, power tools, notebooks, sports equipment, glassware, and cleaning products.
- Advised clients on Prop. 65 compliance programs and supply chain management issues resulting from Proposition 65 compliance decisions.
- Advised clients on indemnity concerns and supply chain communications following Proposition 65 compliance programs and litigation claims.
Clean Water Act Citizen Suit Litigation
- Represented city in Clean Water Act citizen suit, alleging sanitary sewer overflows. Settled case favorably for our client prior to trial and expensive expert discovery.
- Represented scrap metal recycling facility in Clean Water Act citizen suit, alleging violations of the State of California’s General Industrial Storm Water Permit. Settled case favorably for our client prior to formal litigation.
- Represented industrial compressed gas facility in Clean Water Act citizen suit, alleging violations of the State of California’s General Industrial Storm Water Permit. The Plaintiff dismissed the case in its entirety during motion practice in the litigation.
- Represented marine shipping terminal in Clean Water Act citizen suit alleging violations of the State of California’s General Industrial Storm Water Permit. Settled case favorably for client following successful Motion for Summary Judgment, discovery motions and expert discovery.
Contaminated Property Litigation
- Litigated multiple CERCLA/superfund contaminated property cases at former dry cleaning sites and managed settlement and mediation efforts for cost recovery issues.
- Defended three state court coordinated actions with ten plaintiffs asserting CERCLA and state law personal injury claims arising from alleged vapor intrusion from alleged soil/ground water contamination at former dry cleaning site.
Water Rights/Supply Projects & Litigation
- Prosecuted, through trial, a complex water right dispute between three public agencies.
- Assisted in representation of developer in litigation relating to purchase and sale of water rights in Southern California.
- Settled a dispute relating to water system capital maintenance costs between two public agencies on the cusp of arbitration.
- Counseled water district client in large water transfer/purchase and wheeling project through the Delta and through multiple public water district facilities, which included multiple contracts between multiple agencies as well as associated environmental review.
Land Use Projects & Litigation
- Assisted developer with CEQA historic resource analysis, issues and advocacy before local public agency.
- Represented public agency in CEQA historic resource writ matter.
- Represented multiple cities and counties in CEQA and local land use writ matters brought by citizen groups.
Announcements
4 related items-
March 10, 2021JD Supra Recognizes Two Downey Brand Attorneys as Top Authors in 2022 Readers’ Choice Awards
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April 5, 2021JD Supra Recognizes Three Downey Brand Attorneys as Top Authors in 2021 Readers’ Choice Awards
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December 12, 2017Downey Brand Names Six New Partners
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January 14, 2015Sophia B. Belloli Rejoins Downey Brand
Downey Brand Strengthens its Environmental Law Practice with the Return of Sophia B. Belloli
In the News
1 related items-
December 12, 2017Law Firm Downey Brand Names Six New Partners
Sacramento Business Journal
Speaking Engagements / Events
18 related items-
September 19, 2022Regulatory Update on Acrylamide, Glyphosate, PFOAs, Cannabis, and BPProp. 65 Clearinghouse Annual Conference
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September 27, 2021Challenges Small Businesses Face Complying with Prop. 65Prop. 65 Clearinghouse Annual Conference
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June 29, 2021Steps to Take Your Risk Temperature and Manage Prop. 65 LiabilitiesSpecialty Food Association Prop. 65 Webinar Series
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June 3, 2021California’s Prop. 65 and Fruits and Vegetables – All About the Recent Claims of Lead and Other MetalsSpecialty Food Association Prop. 65 Webinar Series
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May 6, 2021California’s Prop 65 and Toasted, Roasted and Crunchy Foods – All About AcrylamideSpecialty Food Association Prop. 65 Webinar Series
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March 30, 2021Get Help Solving the Prop 65 RiddleAssociation of Food Industries
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December 8, 2020Proposition 65 Trends in 2020: The Abundance of Proposition 65 Claims Related to Foods During the PandemicAssociation of Food Industries, Food Import Industry Town Meeting
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September 21, 2020Finding Solutions to Help Affected Communities Ensure the Safety of Their Imported Food SourcesProp 65 Clearinghouse Annual Conference
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July 13, 2020Prop. 65 Issues and TrendsSpecialty Food Association Regulatory Conference Call
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January 19, 2020Policy Spotlight: Key Issues for Your Specialty Food BusinessCo-presenter, Specialty Food Association, Winter Fancy Food Show
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October 23-24, 2019Legal and Operational Viewpoints on Composting Operations: Wastewater and Air Concerns for IndustrySpeaker, 2019 Mapistry Pollution Prevention Summit
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September 23, 2019New Chemical Listings: How to Make Sure Your Company Stays CompliantPanelist, Prop 65 Clearinghouse Annual Conference
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September 28-29, 2016What To Know For The Next Wet Season And BeyondPresenter, Storm Water Awareness Week Webcasts
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May 27, 2015Bay Planning Coalition Expert BriefingStorm Water Management: The New Industrial & Municipal Regulations
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December 2013Vapor Intrusion at a Former Dry Cleaning SiteAssociation of Defense Counsel Annual Meeting, Toxic Tort Session
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November 2013Stormwater: What You Need to Know to Survive WinterCo-speaker, Hanson Bridgett Public Agency Roundtable
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February 2013Current Issues in Storm Water Regulation in CaliforniaPresenter, Lorman Education Services Seminar
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July 2010Update on New California Water Law and LegislationNorthern California County Counsel Meeting
Legal Alerts
10 related items-
November 3, 2022California Bans Regulated PFAS from Apparel, Textiles, and Cosmetics
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November 3, 2022California Plastics Recycling Legislation Significantly Expands Producer Responsibility
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March 20, 2020Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
September 6, 2018The Latest in the Prop. 65 World: Jury Trials; Inorganic Arsenic in Rice; and the FDA Weighs in on Coffee
Environmental Law -
August 31, 2018U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and Institutional Sources in Los Angeles
Water Quality Law -
November 6, 2017New Proposition 65 Clear and Reasonable Warning Regulations Are Effective in 2018
Environmental Law -
October 5, 2017Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017
Environmental Law -
June 12, 2017DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements
Environmental Law -
April 4, 2017Water Board Adopts Revisions to Enforcement Policy That Are Expected to Generally Increase Penalties
Environmental Law -
January 21, 2015New Proposed Proposition 65 Regulations Equal Less Help and More Hurt (and Litigation) for Industry
Environmental Law
Publications
42 related items-
November 2022Proposition 65 Quarterly Notice – Third Quarter 2022: Citizen Plaintiff Groups Continue to Pursue Seafood, Ceramics, and Personal Care Products
Proposition 65: Trends and Highlights July 2022-September 2022 -
July 2022Proposition 65 Notices of the Month – June 2022: Seafood Products Catch Renewed Interest and Ceramic Glassware Remain Key Target of Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in June 2022 -
June 2022Proposition 65 Notices of the Month – May 2022: “Greatest Hits” Such as Metals in Foods and Phthalates in Plastics & Chemicals in Cannabis-Related Accessories Creating Interest for Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in May 2022 -
May 2022Proposition 65 Notices of the Month – April 2022: Continued Focus of Alleged Lead in Glass Ceramic Products
Proposition 65: Trends and Highlights in April 2022 -
April 2022Proposition 65 Notices of the Month – March 2022: Paper Straws and Food Claims Galore
Proposition 65: Trends and Highlights in March 2022 -
March 2022Proposition 65 Notices of the Month – February 2022: Cassava Flour and Chips, Hot Cocoa, Ceramics and Glassware, Boots and Shoes, and Bicycle Helmets
Proposition 65: Trends and Highlights in February 2022 -
February 2022Proposition 65 Notices of the Month – January 2022: Lead in Food Products including Dietary Supplements and Spices Remain a Popular Target for Citizen Enforcers, Along with Alleged Phthalates and BPA and Various Consumer Products
Proposition 65: Trends and Highlights in January 2022 -
January 20222021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged Phthalates in Plastic Consumer Products, and Newer Trends Targeting Peppermint Extract, CBD Oil, and Sunscreen
Proposition 65: Trends and Highlights in December 2021 -
November 2021Proposition 65 Notices of the Month – October 2021: Wildlife & Duck Calls, Socks, Spices, Fruits & Vegetables, and Pasta
Proposition 65: Trends and Highlights in October 2021 -
November 3, 2021New California Laws Ban PFAS in Juvenile Products and Food Packaging
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October 2021Proposition 65 Notices of the Month – September 2021: Fenugreek, Psyllium Husk Powder, Beet Powder, Stuffed Grape Leaves, Ceramics and Plastic Bags, Pouches, and Tool Grips
Proposition 65: Trends and Highlights in September 2021 -
September 2021Proposition 65 Notices of the Month – August 2021: Plastic Consumer Products and Components, Tortilla Chips, Banana Chips, Almond Butter, Canned Fruit, and Sanitizers
Proposition 65: Trends and Highlights in August 2021 -
August 25, 2021California’s Prop 65: Acrylamide Update
Guest Blogger, Specialty Food Association -
August 2021Proposition 65 Notices of the Month – July 2021: Protein Powders, Tea, Molasses, Hand Sanitizer, Sunscreen, CBD Oil, Receipt Paper, and Plastic Face Shields
Proposition 65: Trends and Highlights in July 2021 -
July 2021Proposition 65 Notices of the Month – June 2021: Peppermint Extract, Salted Plums/Saladitos, Canned Fruits, Seaweed & Seafood, Pliable Plastics, and Withdrawal of Wood Dust Notices
Proposition 65: Trends and Highlights in June 2021 -
June 2021Prop 65 Food Claims Continue in 2021
California Food Producer, Edition 1 -
June 2021Proposition 65 Notices of the Month – May 2021: Notice Activity Rebounds; Plaintiff Groups Target Tools that Generate Wood Dust, Makeup, Plastic Products, Sunflower Seeds, and Fruits/Vegetables
Proposition 65: Trends and Highlights in May 2021 -
May 2021Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide and Heavy Metals, and in the Number of Consumer Product Notices for Phthalates
Proposition 65: Trends and Highlights in April 2021 -
April 21, 2021Proposition 65: Legal and Technical Implications of Listing PFOA as a Carcinogen
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April 2021Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in Peppermint Extract, and Relief for Acrylamide Claims
Proposition 65: Trends and Highlights in March 2021 -
March 2021Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in February 2021 -
February 2021Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic Products Targeted by Plaintiff Groups
Proposition 65: Trends and Highlights in January 2021 -
January 2021Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds of Different Products Including Plastic Bags & Cases, Baby and Toddler Foods, Seafood, Roasted Snack Foods, Leafy Green Vegetables, and Cosmetics
Proposition 65: Trends and Highlights in December 2020 -
December 2020Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights – All Targeted by Citizen Plaintiff Groups
Proposition 65: Trends and Highlights in November 2020 -
November 2020Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet Sets, and, As Always, Acrylamide in Snack Foods, and Phthalates in Plastics
Proposition 65: Trends and Highlights in October 2020 -
October 2020Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic Bags, Other Notices Target Personal Care Products
Proposition 65: Trends and Highlights in September 2020 -
September 2020Proposition 65 Notices of the Month – August 2020: Leafy Greens, Crackers, Fishing Weights, Shaving & Bath Gel, Mascara, Plastic Cases & Purses, Dietary Supplements and Bamboo Pillowcases
Proposition 65: Trends and Highlights in August 2020 -
August 2020Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary Supplements, Seaweed, and Seafood Noticed for Lead & BPA; Phthalate Notices for Plastic Bags and PVC Plastics Continue In Large Quantities
Proposition 65: Trends and Highlights in July 2020 -
July 27, 2020California Citizens Make Hundreds of Claims Alleging Violations of Proposition 65 Law for “Toxics” In Foods During COVID-19 Pandemic
Guest Blogger, Food Law Latest -
July 2020Proposition 65 Notices of the Month – June 2020: Over 70 Seafood Products, Chips, Pretzels, Bread, Popcorn, Cookies, Dietary Supplements and Wheel Chair Components Attacked by Citizen Plaintiffs as COVID-19 Summer Begins
Proposition 65: Trends and Highlights in June 2020 -
July 2020Prop. 65 Food Notices Abundant During COVID-19
California Grocer, Issue 2 -
June 2020Proposition 65 Notices of the Month – May 2020: Seafood, Waffles, Nut Products, Canned Goods, and Boxing Gloves Targeted by Plaintiffs in Third Month of COVID-19 Pandemic
Proposition 65: Trends and Highlights in May 2020 -
May 2020Proposition 65 Notices of the Month – April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches, Teething Wafers, Seaweed and Seafood Products Amidst the COVID-19 Pandemic and California Court Closures
Proposition 65: Trends and Highlights in April 2020 -
April 2020Proposition 65 Notices of the Month – March 2020: Plaintiff Groups “March On” and Send Hundreds of Notices of Violation During the COVID-19 Shelter-in-Place Orders
Proposition 65: Trends and Highlights in March 2020 -
March 2020Proposition 65 Notices of the Month – February 2020: Lead, Arsenic and Cadmium in Seaweed, Shrimp & Dietary Supplements, New Plaintiff Group Targets Baked Goods and Roasted Nut Products
Proposition 65: Trends and Highlights in February 2020 -
February 2020Proposition 65 Notices of the Month – January 2020: Arsenic, Cadmium and Lead in Seaweed & Seafood Products, Acrylamide in Toasted Corn, and Cadmium in Spinach
Proposition 65: Trends and Highlights in January 2020 -
January 20202019 A Creative Year for Proposition 65 Plaintiffs – Acrylamide in Ice Cream Cones, Cadmium and Lead in Seaweed, Furfuryl Alcohol in Hamburger Buns, and Chromium in Leather Work Gloves and Baby Powder
Proposition 65: Trends and Highlights in 2019 -
October 2016Practical Advice on Avoiding Prop. 65 Enforcement
California Grocer, Issue 5 -
November 2013New Prop. 65 Is A Relief for California Manufacturers
Co-author, Law360 -
August 2009Lead-Free Plumbing Regulations on the Horizon in 2010
The Marin Lawyer -
October 2008State Board Freezes Enrollment in Statewide General Stormwater NPDES Permits for Construction and Industrial Permits Following Writ in City of Arcadia Case
California Water Law & Policy -
2007Cooper Industries v. Aviall Services: Implications for the United States’ Liability Under CERCLA
56 Hastings Law Journal 193 (2004) [cited in Atlantic Research Corp. v. United States, 459 F.3d 827 (8th Cir. 2006) (affirmed by United States v. Atlantic Research Corp., 551 U.S. 128 (2007))]
Sophie loves being outside and on the water, and is most comfortable in flip flops at the beach or on a boat with her husband and daughters. She and her family enjoy sailing in San Francisco Bay and traveling to warmer climes (including Florida, where they are from) and swimming in the ocean without a wetsuit.
Sophie is also devoted to women’s and children’s issues, and volunteers at her daughter’s school, Convent of the Sacred Heart, in San Francisco. She has also been actively involved in The Junior League of San Francisco, a non-profit women’s organization that supports and strengthens the lives of women and children in the San Francisco community.
Professional, Community And Pro Bono Involvement
- Prop 65 Clearinghouse, Advisory Board Member, 2022
- Association of Food Industries
- California Grocers Association (CGA)
- California League of Food Processors (CLFP)
- California Manufacturers & Technology Association (CMTA)
- Specialty Food Association (SFA)
- Bar Association of San Francisco, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- Ad-Hoc Industry Resource Management Group
- Association of Women in Water, Energy and the Environment
- San Francisco Bay Planning Coalition
Honors & Rankings
- JD Supra 2022 Readers’ Choice Awards, Food & Beverage, Top Author
- JD Supra 2021 Readers’ Choice Awards, Food & Beverage, Top Author
- U.C. Hastings Pro Bono Attorney Honor Roll, U. C. Hastings Center for Gender and Refugee Studies, 2012
- Hastings Law Journal, Articles Editor, 2004-05
- U.C. Hastings Moot Court Team, Roger Traynor Appellate Moot Court Competition, Second Place – Best Oral Argument, 2004