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AMERICAN CHEMISTRY COUNCIL v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

No. C079078.

55 Cal.App.5th 1113 (2020)

AMERICAN CHEMISTRY COUNCIL, Plaintiff and Appellant, v. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al., Defendants and Respondents; NATURAL RESOURCES DEFENSE COUNCIL, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

October 19, 2020.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Daniel M. Kolkey , Theodore J. Boutrous , Patrick W. Dennis , Kahn A. Scolnick , Daniel S. Nowicki and Vanessa C. Adriance for Plaintiff and Appellant.

Arnold & Porter and Trenton H. Norris for Grocery Manufacturers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

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

Joshua R. Purtle , Jennifer A. Sorenson , Michael E. Wall , and Avinash Kar for Real Party in Interest.

OPINION

At issue in this case is whether the decision by the Office of Environmental Health Hazard Assessment (OEHHA) to list bisphenol A (BPA) as a chemical known to cause reproductive toxicity under Proposition 65, the Safe Drinking Water and Toxic Enforcement...

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