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PEOPLE EX REL. LUNGREN v. COTTER & CO.

Docket No. A070904.

53 Cal.App.4th 1373 (1997)

THE PEOPLE ex rel. DANIEL E. LUNGREN, as Attorney General, etc., Plaintiff and Respondent, v. COTTER & COMPANY, Defendant and Appellant; AS YOU SOW, Intervener and Respondent.

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

March 31, 1997.

Attorney(s) appearing for the Case

COUNSEL

Haight, Brown & Bonesteel and Jeffrey B. Margulies for Defendant and Appellant.

Thomas J. Graves, McDermott, Will & Emery, Nathalie F.P. Gilfoyle and Thomas A. Ryan as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Craig Thompson, Edward G. Weil and Susan S. Fiering, Deputy Attorneys General, for Plaintiff and Respondent.

Chanler & Somers, Clifford A. Chanler, Mark Todres and Jenny Cohn for Intervener and Respondent.

OPINION

LAMBDEN, J.

Cotter & Company (Cotter) appeals the trial court's denial of its summary judgment motion and the granting of the People's cross motion for summary adjudication as to Cotter's affirmative defense alleging preemption. Cotter contends the Federal Hazardous Substances Act (FHSA) preempts California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). We find the FHSA does not preempt the warning...

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