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AMERICAN CHEMISTRY COUNCIL v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

No. C079260.

51 Cal.App.5th 918 (2020)

AMERICAN CHEMISTRY COUNCIL, Plaintiff and Appellant, v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al., Defendants and Respondents.

Court of Appeals of California, Third District.

June 10, 2020.

Attorney(s) appearing for the Case

Gibson Dunn & Crutcher, Theodore J. Boutrous, Jr. , Vanessa C. Adriance , Robert E. Dunn and Julia L. Reese for Plaintiff and Appellant.

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

U.S. Chamber Litigation Center, Janet Galeria ; Munger, Tolles & Olson, Fred A. Rowley, Jr. , Patrick J. Cafferty, Jr. , Jeffrey Y. Wu and David J. Feder as Amicus Curiae on behalf of Plaintiff and Appellant.

OPINION

Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code, §§ 25249.5-25249.13), requires the Governor to publish a "list of those chemicals known to the state to cause cancer or reproductive toxicity." (Health & Saf. Code, § 25249.8.)...

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