MATEEL ENVIRONMENTAL JUSTICE FOUNDATION, Plaintiff and Appellant,
v.
EDMUND A. GRAY CO., et al., Defendants and Respondents.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
December 22, 2003.
As Modified January 21, 2004.
As Modified January 23, 2004.
Attorney(s) appearing for the Case
Klamath Environmental Law Center, William Verick, Eureka, and David H. Williams, Berkeley, Public Interest Lawyers Group, David Williams and Fredric Evenson, for Plaintiff and Appellant.
Bill Lockyer, Attorney General, Richard M. Frank and Theodora Berger, Assistant Attorneys General, Craig C. Thompson and Edward G. Weil, Deputy Attorneys General, for People of the State of California ex rel. Bill Lockyer, Attorney General as Amicus Curiae on Behalf of Plaintiff and Appellant.
McKenna Long & Aldridge LLP, Ann G. Grimaldi, Stanley W. Landfair and Eric S.C. Lindstrom, San Francisco, for Defendant and Respondent Edmund A. Gray Company.
Stanzler Funderburk & Castellon LLP, Ruben A. Castellon and Shane C. Stafford, San Francisco, for Defendant and Respondent Grinnell Corporation.
McDonough, Holland & Allen, John R. Briggs, Sacramento, for Defendant and Respondent Thrifty Supply Company.
McQuaid, Metzler, Bedford & Van Zandt, LLP, Neil R. Bardack and Michael J. Van Zandt, San Francisco, for Mueller Industries, Inc., Legend Valve & Fitting, Inc., Kitz Corporation of America, Milwaukee Valve Company, Inc., John M. Frey Company, Inc., Smith-Cooper International and LDR Industries, Inc., as Amicus Curiae on Behalf of Defendants and Respondents.
Court of Appeals of California, First District, Division Five.
GEMELLO, J.
The Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf.Code, §§ 25249.5-25249.13), adopted by vote of the people at the November 1986 election as Proposition 65, regulates the discharge of specific toxins into California's drinking water. A Proposition 65 plaintiff alleging an unlawful discharge bears the burden of proving that a discharge has in fact occurred. Regulations adopted pursuant to Proposition 65 establish a hierarchy...
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