FERNANDEZ v. CALIFORNIA DEPT. OF PESTICIDE REGULATION

No. A114258.

164 Cal.App.4th 1214 (2008)

JORGE FERNANDEZ et al., Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION, Defendant and Appellant; CALIFORNIA STRAWBERRY COMMISSION et al., Interveners and Appellants.

Court of Appeals of California, First District, Division One.

July 15, 2008.


Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, John Davidson and Anita E. Ruud, Deputy Attorneys General, for Defendant and Appellant.

Law Offices of Tony J. Tanke, Tony J. Tanke; Law Offices of Alison R. Siegel and Alison R. Siegel for Interveners and Appellants California Strawberry Commission and Alliance of Methyl Bromide Industry.

Kahn Soares & Conway and George H. Soares for Intervener and Appellant California Strawberry Commission.

Best Best & Krieger and William J. Thomas for Intervener and Appellant Alliance of Methyl Bromide Industry.

Kahn Soares & Conway, George H. Soares, Rissa A. Stuart and Joshua J. Bettencourt for Croplife America and Western Plant Health Association as Amici Curiae on behalf of Interveners and Appellants.

Jill S. England for California Agricultural Issues Forum as Amicus Curiae on behalf of Interveners and Appellants.

California Rural Legal Assistance, Mike Meuter, Jonathan Gettleman; California Rural Legal Assistance Foundation and Julie L. Montgomery for Plaintiffs and Respondents Jorge Fernandez and Guillermo Ruiz.

Linda J. Krop and Karen Kraus for Plaintiff and Respondent Environmental Defense Center.


OPINION

STEIN, J.

Within the California Environmental Protection Agency (EPA) there are two departments that play a role in the regulation of the use of pesticides in our state, the Office of Environmental Health Hazard Assessment (OEHHA) and the Department of Pesticide Regulation (DPR). The OEHHA is the risk assessment arm of the EPA and helps establish the scientific basis for the risk management decisions of the EPA's regulatory departments...

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