CURRICULUM VITAE JOSEPH H. GUTH, Ph.D., J.D. - Center for ...

CURRICULUM VITAEJOSEPH H. GUTH, Ph.D., J.D.ADDRESSBerkeley Center for Green ChemistryCenter for Occupational and Environmental HealthSchool of Public Health, University of California, Berkeley461 University HalBerkeley, CA 94720-7360EDUCATIONNew York University, New York CityJ.D., 1986Law Review, editorial staffIntern, N.Y. State Attorney General, Environmental Protection Bureau;Love Canal litigation (1986)Intern, Natural Resources Defense Council (1985)University Of Wisconsin, MadisonPh.D., Biochemistry, 1983Research: Three published articles on biological nitrogen fixation; focus onbacterial fermentation and enzyme kinetics and mechanismsTeaching: Graduate seminars; undergraduate biochemistry coursesAwards: Sigma XiUniversity Of California, BerkeleyB.A., Biochemistry, 1976Distinction in General Scholarship (cum laude)Phi Beta KappaHonors in BiochemistryEdward Frank Kraft Prize 1973 (First Quarter Scholastic Record)Senior research project on Rous Sarcoma Virus reverse transcriptaseEMPLOYMENTBerkeley Center for Green Chemistry, University of California, BerkeleyAssociate Research Scientist, School of Public Health (June 2010 to present)Science & Environmental Health Network (SEHN), Albany, CaliforniaLegal Director (Mar. 2006 to present)Incorporating precautionary environmental policy into law. Development oflaws designed to contain cumulative impact of the human ecological footprint.Articles in legal journals and newsletters; model laws. Key ideas: precautionaryprinciple, cumulative impacts, body burdens, rights of future generations, public1

trust doctrine, property rights, cost-benefit analysis, environmental justice,citizen enforcement.Reform of chemicals policy nationally and in California. Participation in nationalcoalition to develop Safer Chemicals Act to reform Toxic Substances ControlAct; active member of Californians for a Healthy and Green Economy(CHANGE), a coalition advocating for the California green chemistry initiative.Center for Environmental Health, Oakland, California (Nov. 2003 to Oct. 2006)Executive Director, California League for Environmental Enforcement Now:Coordinated 20 NGO’s, law firms and individuals to protect citizen suits inenvironmental laws, including Proposition 65. Key issue: federal preemption.CEH Senior Policy Analyst: Proposition 65 litigation, chemicals policy reform.Chiron Corporation, Emeryville, California (1996 to 2003)Vice-President and Associate Chief Patent Counsel (from 2000)Supervision of numerous patent litigation matters (including trials in federaldistrict court, appeals to appellate courts and Patent Office, interferences);corporate transactions including licensing; managed patent portfolio; managedfour-lawyer group.Fish & Neave, New York CityAssociate (Jan. 1988 – Oct. 1990; Feb. 1993 – June 1996)Intellectual property litigation, including discovery, trial and appellate practicein federal courts; US interferences. Licensing, opinions, supervision of U.S. andforeign prosecution. Focus on pharmaceuticals and biotechnology, expressionvectors, bone morphogenetic proteins, HIV protease inhibitors, neural implants,glaucoma.Natural Resources Defense Council, Inc., New York CitySenior Project Attorney (Oct. 1990 – Jan. 1993)Litigation of Clean Water Act citizens' suits, including second chair at successfulthree-week bench trial and appeal to Third Circuit (NRDC v. Texaco). Chemicalsregulatory policy; risk assessment; TSCA implementation; chemicals testing;advocacy at federal legislative and agency levels (including testimony before U.S.Senate).Skadden, Arps, Slate, Meagher & Flom, New York CityAssociate (1986 –1987)Products liability litigation in pharmaceutical and toxic tort cases. Due diligence incorporate transactions. FDA labeling advice for biotechnology products.BARADMISSIONSNew York, Federal Courts2

April 30, 2010SelectedLitigated Matters, Publications,Presentations, Comments, ServiceSELECTED LITIGATED MATTERSChiron Corporation v. Genentech, Inc., 363 F.3d 1247 (Fed. Cir. 2004) (appeal of juryverdict in patent infringement trial); eight reported district court pre-trial summaryjudgment decisions that were not appealed: 268 F. Supp. 2d 1148, 268 F. Supp. 2d 1139,268 F. Supp. 2d 1126; 268 F. Supp. 2d 1117; 268 F. Supp. 2d 1139, 268 F. Supp. 2d1172; 2002 U.S. Dist. Lexis 19126; 2002 U.S. Dist. Lexis 19150.Genentech, Inc. v. Chiron Corporation, 220 F.3d 1345 (Fed. Cir. 2000), reversing districtcourt decision in Genentech, Inc. v. Chiron Corp., No. CV 94-03334 (N.D. Cal. June 24,1999) (amended judgment) (appeal of bench trial of patent interference proceeding).Arjun Singh v. Anthony Brake, 317 F.3d 1334 (Fed. Cir. 2002) (appeal of patent officejudgment in patent interference on alpha-factor expression leader).Wafer Shave, Inc. v. The Gillette Company, 857 F. Supp. 112 (D.Mass. 1993) (grantingsummary judgment for Gillette).Natural Resources Defense Council v. Texaco Refining and Marketing, Inc., 800 F.Supp.1 (D.Del. 1992) (bench trial finding Texaco liable for 365 NPDES permit violations).JOURNAL ARTICLESGuth, J., Cumulative Impacts: Death-Knell For Cost-Benefit Analysis in EnvironmentalDecisions, BARRY LAW REVIEW, Vol.11, pp. 23-57, (July 2009 publication of Winter2008 issue), available at: www.sehn.org.Guth, J., Resolving the Paradoxes of Discounting in Environmental Decisions, JOURNALOF TRANSNATIONAL LAW AND CONTEMPORARY PROBLEMS, vol. 18, Issue 1, pp. 95-114(Winter 2009), available at: www.uiowa.edu/~tlcp/html/current_issue.html.Guth, J., Law for the Ecological Age, VERMONT JOURNAL OF ENVIRONMENTAL LAW, vol.9, Issue 3, pp. 431-512 (Spring 2008), available at:www.vjel.org/journal/pdf/VJEL10068.pdf.3

Guth, J., Denison, R., Sass, J., Require Comprehensive Safety Data for all Chemicals,NEW SOLUTIONS: A JOURNAL OF ENVIRONMENTAL AND OCCUPATIONAL HEALTH POLICY,Volume 17, Number 3, pp. 233-58 (2007), first published as “Require ComprehensiveSafety Data For All Chemicals,” Background Paper for Reform No. 5 of the LouisvilleCharter for Safer Chemicals (2005), available at: www.louisvillecharter.org.SCIENTIFIC PUBLICATIONSJoseph H. Guth and Robert H. Burris, The Role of Mg 2+ and Mn 2+ In The Enzyme-Catalyzed Activation of Nitrogenase Fe Protein from Rhodospirillum rubrum, 213BIOCHEM. J. 741-49 (1983), available at:http://www.pubmedcentral.nih.gov/picrender.fcgi?artid=1152191&blobtype=pdf.Joseph H. Guth and Robert H. Burris, Inhibition of Nitrogenase-Catalyzed NH 3Formation by H 2 , 22 BIOCHEMISTRY 5111-22 (1983), available at:http://pubs.acs.org/doi/abs/10.1021/bi00291a010.Joseph H. Guth and Robert H. Burris, Comparative Study of the Active and InactiveForms of Dinitrogenase Reductase from Rhodospirillum Rubrum, 749 BIOCHIMICA ETBIOPHYSICA ACTA 91-100 (1983).Joseph H. Guth, “Studies on the Regulation of Nitrogenase in Rhodospirillum rubrum,and on the inhibition by H 2 of Nitrogenase from Klebsiella pneumoniae,” Ph.D. Thesis,University of Wisconsin -- Madison (1983).REPORTS AND ENVIRONMENTAL REPORTERSParticipant in Consultants Working Group and Contributing Author of RECALIBRATINGTHE LAW OF HUMANS WITH THE LAWS OF NATURE: CLIMATE CHANGE, HUMAN RIGHTS,AND INTERGENERATIONAL JUSTICE (Climate Legacy Initiative 2009), available aspublication from: www.vermontlaw.edu/x4128.xml.a. Guth, J., Background Paper No. 11, Law for the Ecological Age, reprintedfrom 9 VT. J. ENVTL. L. 431 (2008) (Appendix A, pp. 298-351);b. Guth, J., Background Paper No. 12, Resolving the Paradoxes ofDiscounting (Appendix A, pp. 352-65);c. Guth, J., Recommendation No. 4, Adopt Model State Environmental Act(Abstract at CLI Policy Paper, pp. 70-71; text at Appendix B, pp. 46-54);4

d. Carolyn Raffensperger & Joseph H. Guth, Recommendation No. 10,Adopt a Model Executive Order Establishing an Office of Legal Guardianfor Future Generations and Provide for the Training and Certification ofLegal Guardians (Abstract at CLI Policy Paper, pp. 81-82; text atAppendix B, pp. 163-66);e. Joseph H. Guth, Recommendation No. 11, Build Environmental Valuesinto the Law, Including the Common Law (Abstract at CLI Policy Paper,pp. 83; text at Appendix B, pp. 167-72).Raffensperger, C., Schettler, T., and Guth, J., Comments on Kids Safe Chemicals Act of2008; June 21, 2008 Letter sent to Senators Lautenberg, Solis and Waxman; Published inSEHN Networker, volume 13, No. 3 (June 2008); Rachel’s Precaution Reporter # 150(July 9, 2008); Rachel’s Democracy & Health News # 967 (July 10, 2008).Guth J., Common Law Judges Must Act on Global Warming, Invited Blog Entry forClimate Legacy Initiative Research Forum, Vermont Law School/University of Iowa(www.vlscli.wordpress.com) (October 29, 2007).Guth, J., Two Rules For Decisions: Trust In Economic Growth vs. Precaution, publishedin Rachel’s Democracy and Health News #919 (August 9, 2007).Guth J., How Dolphins Got The Benefit Of The Doubt And Why It Matters, published inRachel’s Democracy and Health News #905 (May 3, 2007).Guth, J., Model State Environmental Policy Act for 2007, published in Science &Environmental Health Network Networker vol. 12 (2) (March 2007) and in Rachel’sDemocracy and Health News # 901 (April 5, 2007).Guth J., Core Legal Test in a Chemicals Law, published in Rachel’s Democracy andHealth News #892 (Feb. 1, 2007).Guth, J., New Trend: The Federal Government is Voiding State Laws, published inRachel’s Democracy and Health News #861 (June 29, 2006); reprinted in Prop65Clearinghouse Reports (October 8, 2006).Guth, J., Transforming American Law To Promote Preservation of the Earth, publishedin Science & Environmental Health Network Networker vol. 11(2) (March 2006), inRachel’s Democracy and Health News # 846 (March 16, 2006) and on the blogwww.OntheCommons.org.Guth, J., Chemical Safety Requires Local Government Action, Letter to the Editor,ENVIRONMENTAL HEALTH PERSPECTIVES (April 1, 2004).5

PATENTSNamed patent attorney on 35 issued U.S. patents.SELECTED WRITTEN/ORAL COMMENTSGuth J., Letter Re: Comments on EPA Advance Notice of Proposed Rulemaking onPublic Disclosure of Pesticide Inert Ingredients on behalf of SEHN, supporting publicdisclosure of all pesticide inert ingredients (April 23, 2010).Guth J., Letter Re: New Executive Order on Federal Regulatory Review, letter filed withfederal Office of Management and Budget on behalf of SEHN and 24 co-signers onrevising federal agency use of cost-benefit analysis in environmental decision-makingunder Presidential Executive Order 12,866 (March 16, 2009).Guth, J., Letter to Mayor Tom Bates, Mayor of Berkeley and Sect’y of Bay Area AirQuality Management District Board of Directors, Re: Bay Area Management DistrictHealth Risk Levels for Mandatory Reduction Measures Under Air Toxics Hot Spots Law,relating to Health Risk Assessment for Pacific Steel Casting Foundry (May 4, 2009).Guth J., lead author on behalf of CHANGE, Re: Green Chemistry Initiative, AB 1879, SB509, written comments filed with California Department of Toxic Substances Control ondesign of Green Chemistry Initiative regulations (January 16, 2009). Drafted othercomments submitted on behalf of CHANGE (April 23, October 19, November 4, 2009).Oral and written comments on meaning of Proposition 65 legal standard of “clearlyshown” for listing decisions at public meeting of Cal/EPA OEHHA Developmental andReproductive Toxicant Identification Committee on Bisphenol A (July 15, 2009).Guth J., The Chemicals Market Cannot Generate Green Chemicals Unless the Data Gapis Closed, Comment filed with California Department of Toxic Substances Control GreenChemistry Initiative Conversation with California (October 21, 2007).Guth, J., written Comments of the Natural Resources Defense Council to the AmericanPublic Health Association 1992 Annual Meeting (1992).Guth J, oral and written Comments of Natural Resources Defense Council to EPA’sOffice of Research and Development on EPA’s Scientific Reassessment of Dioxin(September 23, 1992).Guth J., oral and written Comments of Natural Resources Defense Council to the fullSenate Committee on Environment and Public Works on S.2132, The Environmental RiskReduction Act of 1991 (September 18, 1992).6

Guth J., written Comments of the Natural Resources Defense Council, World WildlifeFund and Environmental Defense Fund to the Senate Subcommittee on Toxic Substancesof the Environment and Public Works Committee on the Toxic Exposure Evaluation Actof 1991 (June 12, 1992).Guth J., oral and written Comments of Natural Resources Defense Council Before theFederal Interagency Working Group on Risk Assessment (December 4, 1991).Guth J, oral and written Comments of Natural Resources Defense Council to EPA’sOffice of Research and Development on EPA’s Scientific Reassessment of Dioxin(November 15, 1991).Guth J., oral and written Comments of Natural Resources Defense Council to theNational Academy of Sciences Committee on Risk Assessment for Hazardous AirPollutants (October 29, 1991).SELECTED PRESENTATIONSPanel Presentation on “Green Chemistry and the Shifting Chemical RegulatoryParadigm,” at L.A. County Bar Association 24 th Annual Environmental Law Conference,Los Angeles, CA (April 16, 2010).Invited presentation of NGO views on Department of Toxic Substances Control draft“flowchart” for new regulations for Green Chemistry Initiative, Sacramento, CA (March16, 2010).Panel Presentation on “Green Chemistry in California: New Rules in the Making,”Environmental Law Section, Bar Association of San Francisco, San Francisco, CA(February 25, 2010)Guest lecturer for two-hour class on “Evolving Principles For Regulation of ToxicChemicals,” at invitation of Adj. Professor Dale Johnson for course in ComputationalToxicology at U.C. Berkeley, Berkeley, CA (Jan. 27)Panelist on California Department of Toxic Substances Control Green ChemistryInitiative Workshop to Discuss GCI Straw Proposal, Sacramento, CA (October 21, 2009)Panel presentation on the chemicals regulation and the California Green ChemistryInitiative at California State Bar Association Environmental Law Conference atYosemite, CA (October 18, 2009).Oral comments on “significant risk levels,” cumulative impacts and Pacific Steel Corp. atmeeting of Bay Area Air Quality Management District Board of Directors in SanFrancisco, CA (June 3, 2009).7

Panel Presentation on “Common Law – A New Ecological Tort” for panel discussion oncommon law responses to global warming at Three Degrees Conference in Seattle, WA(May 28-29, 2009).Panel Presentation on regulation of nanotechnology at “UCLA Working Conference onNanotechnology,” University of California – Los Angeles, CA (April 17, 2009).Presentation on “Pacific Steel Casting Health Risk Assessment” to Consortium ofConcerned Schools Berkeley, California (March 4, 2009) and presentation to Healthy AirCoalition re BAAQMD significant risk levels, Berkeley, CA (May 21, 2009)Panel Presentation on “Cumulative Impacts and Precaution” at public trust doctrine panelat Public Interest Environmental Law Conference, Eugene, OR (February 28, 2009).Panel Presentation on “Uncertainty and Decision-Making in the Legal System” atScience & Environmental Health Network Precaution Academy, Miami, FL (February 6,2009).Invited lecture on “Cumulative Impacts: Death-Knell for Cost-Benefit Analysis inEnvironmental Decisions” at Distinguished Speakers Series at St. Thomas Law School,Miami, FL (February 5, 2009).Panel Presentation on Chemicals Policy Reform on Panel “Protecting Our MostVulnerable: Toxics and Kid’s Health,” at BIONEERS, San Rafael, CA (October 18,2008).Panel Presentation of "Law for the Ecological Age" at Climate Change Conference ofUK Environmental Law Association, London, UK (September 29, 2008).Conference Keynote Presentation of "Law for the Ecological Age" at Wild LawWorkshop of UK Environmental Law Association/Gaia Foundation, London, UK(September 26, 2008).Panel Presentation on “California Green Chemistry Initiative,” American Bar AssociationEnvironment Section Annual Meeting, Phoenix, AZ (September 19, 2008).Invited Lecture on “Law for the Ecological Age,” Vermont Law School, Hot Topics inEnvironmental Law Lecture Series, South Royalton, VT (July 31, 2008).Invited lecture on “Law for the Ecological Age” at Center For Earth JurisprudenceSymposium on Law for an Earth in Crisis, Orlando, FL (February 28, 2008), availablewith slides at: http://www.earthjuris.org/events/02-08symposium/videostream.htmPanel Presentation of “Law for the Ecological Age” at Vermont Law School Symposiumon Climate Change and Future Generations, South Royalton, VT (February 23, 2008).8

Panel Presentation on “Regulation of Nanotechnology Under TSCA” at NanoTechnologyForum, Environmental and Health Risks, Haas School of Business, Berkeley, CA (April15, 2007).Panel Presentation on “Pre-emption by Congress of California's Proposition 65 & OtherState Laws” at First National Conference on Precaution, Baltimore, MD (June 10, 2006).Presentation of “Issue Caucus” on “Development of Theories for Switching CommonLaw Burden of Proof” at First National Conference on Precaution, Baltimore, MD (June10, 2006).Panel Presentation on “Citizen Enforcement of California Environmental Laws” at Panelon “Breaking Down Barriers to Environmental Enforcement” at 2006 annual meeting ofPlanning and Conservation League, Sacramento, CA (April 29, 2006).Panel Presentation on “Federal Preemption – Still An Issue After All This Time” atProposition 65 Clearinghouse Annual Meeting on Proposition 65, San Francisco, CA(March 27, 2006).Lecture on “Developing a Statewide Comprehensive Chemicals Policy” at Well NetworkCalifornia Chemical Policy Symposium, Oakland, CA (March 16-17, 2006).Presentation on “Comparison of “No Data, No Market” Provisions of Selected ChemicalsLaws and Proposals” at Coming Clean Chemical Policy Meeting, Chicago, ILL(September 27-28, 2005)Presentation of workshop on “Chemicals Regulatory Policies,” at OMB WatchConference: The Next Generation of Right to Know: Advancing the Agenda,Washington, D.C. (May 12-14, 2005)SERVICEAppointed member of Cal/EPA’s Green Chemistry Initiative Green Ribbon SciencePanel (ongoing).Appointed member of Cal/EPA’s Cumulative Impacts and Precautionary ApproachesWorkgroup (ongoing).Member, Advisory Board, Clean Water Action campaign on unveiling toxic secrets,including study of confidential business information.Member, Core Advisory Group of California Breast Cancer Research Program project onBreast Cancer and Chemicals Policy.9

Member, Advisory Board, California Breast Cancer Research Program StrategicResearch Initiatives.Advisor, Public Health Trust program to distribute cy-pres funds from Proposition 65litigation (ongoing).Past member of EPA’s National Pollution Prevention and Toxics Advisory Committee(2004-2006) (NGO members resigned in protest in 2006).Observer to Advisory Board of the California Policy Research Center Report by MichaelWilson et al., “Green Chemistry in California” prepared for California Legislature(2006).Organized and moderated American Public Health Association annual meeting panel onchemicals policy, Washington, D.C. (November 2004).Collaboration with San Francisco Board of Supervisors to draft San Francisco CityResolution No. 715-03 supporting EU REACH legislation on chemicals regulation(2003).Pro Bono Copyright and trademark advice for NRDC (1994-1996)New York City Bar Association Committees on Environment; Biotechnology (1994-96)Represented NRDC in ongoing Keystone Conference on Biotechnology (1986 - 1989)Pro Bono Analysis of citizen suits under RCRA and other statutes for NRDC (1988-89)Pro Bono Comment on Office of Technology Assessment Report: New Developments inBiotechnology: Patenting Life (1988)Pro Bono Brief in ACLU amicus challenge to D.C. pretrial drug testing program (1987)Pro Bono Successful appeal of denial of Social Security Supplemental Income benefits(1987)10