SYNGENTA CROP PROTECTION, INC. v. HELLIKER

No. B175450.

40 Cal.Rptr.3d 278 (2006)

SYNGENTA CROP PROTECTION, INC., Plaintiff and Appellant, v. Paul E. HELLIKER, as Director, etc., Defendant and Appellant; Gustafson LLC, Real Party in Interest and Appellant. Dow Agrosciences LLC, Plaintiff and Appellant, v. Paul E. Helliker, as Director, etc., Defendant and Appellant.

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

Rehearing Granted March 28, 2006.


Attorney(s) appearing for the Case

McKenna Long & Aldridge, Stanley W. Landfair, Joseph F. Butler, Robert S. Schuda, Shannon L. Fagan, Michael J. Stiles and Eric S.C. Lindstrom, San Francisco, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, William S. Abbey and Todd A. Valdes, Deputy Attorneys General, for Defendant and Appellant.

Murchison & Cumming, Edmund G. Farrell III, Gina E. Och, Los Angeles; Kessler & Collins, and Gary S. Kessler, Los Angeles, and Daniel P. Callahan, for Real Party in Interest and Appellant.


CROSKEY, J.

Syngenta Crop Protection, Inc. (Syngenta), developed a substance known as metalaxyl, and Dow Agrosciences LLC (Dow) developed a substance known as oryzalin, both used as active ingredients in pesticides. Syngenta and Dow submitted to the state Department of Pesticide Regulation (the Department)1 data concerning the health effects and environmental impacts of the active ingredients and obtained certificates of registration from...

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