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CALIFORNIA CHAMBER OF COMMERCE v. BROWN

No. A125493.

196 Cal.App.4th 233 (2011)

CALIFORNIA CHAMBER OF COMMERCE, Plaintiff and Appellant, v. EDMUND G. BROWN, Jr., as Governor, etc., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

June 6, 2011.

Attorney(s) appearing for the Case

Morrison & Foerster, Michèle B. Corash , Miriam A. Vogel and Robin Stafford for Plaintiff and Appellant.

Edmund G. Brown, Jr. , Attorney General, Ken Alex , Assistant Attorney General, and Susan S. Fiering , Deputy Attorney General, for Defendants and Respondents.

Altshuler Berzon , Stephen P. Berzon , Jonathan D. Weissglass , Danielle E. Leonard ; Coughlin Stoia Geller Rudman & Robbins and Pamela M. Parker for Sierra Club et al. as Amici Curiae on behalf of Defendants and Respondents.

Michael E. Wall and Avinash Kar for Natural Resources Defense Council as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

BANKE, J.—

I. INTRODUCTION

In November 1986, California voters approved Proposition 65, an initiative that enacted the Safe Drinking Water and Toxic Enforcement Act of 1986, now set forth in Health and Safety Code section 25249.5 et seq. (Proposition 65).1 A key provision of Proposition 65 is its mandate that the Governor publish "a list of those chemicals known to the state to cause cancer...

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