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THE MORNING STAR CO. v. BOARD OF EQUALIZATION

No. C063437.

195 Cal.App.4th 24 (2011)

THE MORNING STAR COMPANY, Plaintiff and Appellant, v. BOARD OF EQUALIZATION et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 5, 2011.

Attorney(s) appearing for the Case

Law Offices of Brian C. Leighton and Brian C. Leighton for Plaintiff and Appellant.

Edmund G. Brown, Jr. , Attorney General, Paul D. Gifford , Assistant Attorney General, William L. Carter and Molly K. Mosley , Deputy Attorneys General, for Defendants and Respondents.

OPINION

BUTZ, J.—

In this appeal, we uphold the validity of a regulation adopted by defendant Department of Toxic Substances Control (the Department)—California Code of Regulations, title 22, section 66269.1 (the Regulation)—which interprets its underlying statute, Health and Safety Code section 25205.6.1 We also conclude that section 25205.6 imposes a constitutionally valid tax. Section 25205...

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