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CALIFORNIANS AGAINST WASTE v. DEPARTMENT OF CONSERVATION

No. C040139.

127 Cal.Rptr.2d 905 (2002)

104 Cal.App.4th 317

CALIFORNIANS AGAINST WASTE, Plaintiff and Respondent, v. DEPARTMENT OF CONSERVATION et al., Defendants and Appellants.

Court of Appeals of California, Third District.

December 12, 2002.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Ellen M. Peter, Supervising Deputy Attorney General, and William D. Cunningham, Deputy Attorney General, for Defendants and Appellants.

Law Offices of Thomas H. Mabie and Thomas H. Mabie for Glass Packaging Institute and Beer Institute as Amicus Curiae on behalf of Defendants and Appellants.

Robert J. Achermann, Sacramento, for California/Nevada Soft Drink Association as Amicus Curiae on behalf of Defendants and Appellants.

Remy, Thomas and Moose, James G. Moose, Sacramento, and Ashle T. Crocker, for Plaintiff and Respondent.

CALLAHAN, J.

In 1986, the Legislature adopted the California Beverage Container Recycling and Litter Reduction Act (Pub. Resources Code, § 14500 et seq.) (the Act) to encourage large-scale recycling of used beverage containers through a program of financial incentives. (§ 14501.)1 Monies collected by the Department of Conservation (Department) are deposited in the California Beverage Container Recycling Fund (the Fund). (§...

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