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WESTERN CROP PROTECTION ASSN v. DAVIS

No. C029727.

95 Cal.Rptr.2d 631 (2000)

80 Cal.App.4th 741

WESTERN CROP PROTECTION ASSOCIATION et al., Plaintiffs and Appellants, v. Gray DAVIS, as Governor, etc. et al., Defendants and Respondents.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing June 8, 2000.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown & Enersen, Patricia L. Shanks, Barry P. Goode, A. Joshua Henig, Lonnie Finkel, San Francisco, for Plaintiffs and Appellants.

Bill Lockyer and Daniel E. Lungren, Attorneys General, Roderick E. Walston, Chief Assistant Attorney General, Theodora P. Berger and Richard M. Frank, Assistant Attorneys General, Craig C. Thompson, Supervising Deputy Attorney General, Edward G. Weil, Deputy Attorney General, for Defendants and Respondents.

Altshuler, Berzon, Nussbaum, Berzon & Rubin, Michael Rubin, Christopher Pederson, San Francisco; Milberg, Weiss, Bershad, Hynes & Lerach, Albert M. Meyerhoff, Los Angeles; David B. Roe; for Amici Curiae Natural Resources Defense Council, AFL-CIO, United Farm Workers, Environmental Defense Fund, Sierra Club, Pesticide Action Network, California Public Interest Research Group Charitable Trust, Pesticide Watch Education Fund and Environmental Defense Center on behalf of Defendants and Respondents.

BLEASE, J.

This is an appeal from an adverse judgment in an action seeking a writ of mandate to prohibit the Governor from publishing a list of chemicals as known to the state to cause reproductive toxicity, as provided in Proposition 65, an initiative adopted at the November 1986 General Election.

The initiative, designed to protect the people and their water supplies from harmful chemicals, added sections...

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