CONSUMER ADVOCACY GROUP, INC. v. EXXON MOBIL CORP.

No. B153817.

128 Cal.Rptr.2d 454 (2002)

104 Cal.App.4th 438

CONSUMER ADVOCACY GROUP, INC., Plaintiff and Appellant, v. EXXON MOBIL CORPORATION, Defendant and Respondent.

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

Review Denied March 19, 2003.


Attorney(s) appearing for the Case

Environmental Law Foundation, James R. Wheaton, Oakland, Iryna Kwasny and Megan Evart; Yeroushalmi & Associates and Reuben Yeroushalmi, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Craig C. Thompson and Edward G. Weil, Supervising Deputy Attorneys General, Dennis A. Ragen and Susan S. Fiering, Deputy Attorneys General, for People of the State of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Richard Toshiyuki Drury, San Francisco, and William B. Rostov, for Communities for a Better Environment as Amicus Curiae on behalf of Plaintiff and Appellant.

Sheppard, Mullin, Richter & Hampton, Jeffrey J. Parker and Lori A. Osmundsen, Los Angeles, for Defendant and Respondent Exxon Mobil Corporation.

McKenna, Long & Aldridge, Stanley W. Landfair, Los Angeles, and Michael J. Stiles; Steinhart & Falconer, Jeffrey M. Hamerling and Matthew S. Covington, San Francisco, for Atlantic Richfield Company, Mobil Corporation, Unocal Corporation, and Chevron U.S.A., Inc., as Amici Curiae on behalf of Defendant and Respondent.


CHARLES S. VOGEL, P.J.

INTRODUCTION

In 1986, the electorate passed Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. It is now codified in Health and Safety Code sections 25249.5-25249.13.1 Section 25249.5 provides, in pertinent part: "No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto...

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