NICOLLE-WAGNER v. DEUKMEJIAN

Docket No. B053678.

230 Cal.App.3d 652 (1991)

281 Cal. Rptr. 494

BRYAN NICOLLE-WAGNER, Plaintiff and Appellant, v. GEORGE DEUKMEJIAN, as Governor, etc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

May 24, 1991.


Attorney(s) appearing for the Case

COUNSEL

Bryan W. Nicolle-Wagner, in pro. per., for Plaintiff and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Andrea Sheridan Ordin and Roderick E. Walston, Chief Assistant Attorneys General, Theodora P. Berger, Assistant Attorney General, Craig C. Thompson, Clifford Rechtschaffen and Edward G. Weil, Deputy Attorneys General, for Defendants and Respondents.

Munger, Tolles & Olson, Carolyn B. Kuhl, Covington & Burling, Peter Barton Hutt, Bruce N. Kuhlik and Sarah E. Taylor as Amici Curiae on behalf of Defendants and Respondents.


OPINION

GRIGNON, J.

This appeal concerns the Safe Water and Toxic Enforcement Act of 1986 (Proposition 65), enacted by the voters of this state during the 1986 general elections. At issue is whether a regulation promulgated by the Health and Welfare Agency pursuant to the act conflicts with the language of the act, and whether that regulation is reasonably necessary to effectuate the purposes of the act. On cross-motions for summary...

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