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MATEEL ENVIRONMENTAL JUSTICE FOUNDATION v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

No. A148711.

24 Cal.App.5th 220 (2018)

MATEEL ENVIRONMENTAL JUSTICE FOUNDATION, Plaintiff and Appellant, v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al., Defendants and Respondents; CALIFORNIA CHAMBER OF COMMERCE et al., Interveners and Respondents.

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

As modified June 21, 2018.

Attorney(s) appearing for the Case

Lexington Law Group, Eric S. Somers , Howard J. Hirsch , Joseph Mann , Casey Fisher ; Klamath Environmental Law Center, William Verick and David H. Williams for Plaintiff and Appellant.

Xavier Becerra and Kamala D. Harris , Attorneys General, Susan S. Fiering and Harrison M. Pollak , Deputy Attorneys General, for Defendants and Respondents.

Arnold & Porter Kaye Scholer, Trenton H. Norris and Sarah Esmaili for Interveners and Respondents.

David Roe, in pro. per., as Amicus Curiae.

OPINION

INTRODUCTION

In 1989, the predecessor to respondent Office of Environmental Health Hazard Assessment (OEHHA), the lead agency charged with implementing California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (Health & Saf. Code, § 25249.5 et seq.), adopted a regulation...

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