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INDUSTRIAL TRUCK ASS'N, INC. v. HENRY

No. 95-56405.

125 F.3d 1305 (1997)

INDUSTRIAL TRUCK ASSOCIATION, INCORPORATED, a District of Columbia corporation; Mitsubishi Caterpillar Forklift America Inc., a Delaware corporation, Plaintiffs-Appellants, v. Carol HENRY, Dr., Director of the Office of Environmental Health Hazard Assessment; Daniel E. Lungren, Attorney General, for the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 29, 1997.

Attorney(s) appearing for the Case

Gary E. Cross, Dunaway & Cross, Washington, DC, for plaintiffs-appellants.

Dennis A. Ragen, Deputy Attorney General, San Diego, California, for defendants-appellees.

Before: FARRIS, BEEZER and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

This case presents a narrow but complex question of preemption. California has promulgated occupational safety regulations as part of its implementation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code, §§ 25249.5-25249.13 ("Proposition 65"). We must decide whether California may enforce these regulations against manufacturers of industrial trucks under the authority of that portion...

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