D-CON CO., INC. v. ALLENBY

No. C 89 0332-FMS.

728 F.Supp. 605 (1989)

D-CON COMPANY, INC., Plaintiff, v. Clifford L. ALLENBY, et al., Defendants.

United States District Court, N.D. California.

November 13, 1989.


Attorney(s) appearing for the Case

Michael J. Bonesteel, Patricia J. Kenney, and Tammy L. Andrews, Haight, Brown & Bonesteel, Santa Monica, Cal., for plaintiff.

Andrea Sheridan Ordin, Chief Asst. Atty. Gen., Theodora Berger, Asst. Atty. Gen., Craig C. Thompson, Clifford Rechtschaffen, and Edward G. Weil, Deputy Attys. Gen., San Francisco, Cal., for defendants.


FERN M. SMITH, District Judge.

Plaintiff, d-Con Company (d-con), moves for partial summary judgment, seeking a declaratory judgment that the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., (FIFRA), preempts defendants from imposing warnings under California's Safe Drinking Water and Toxic Enforcement Act, better known as Proposition 65 (Prop 65). Plaintiff also challenges Prop 65 on Commerce Clause grounds, but did not address...

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