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AMERICAN CHEMISTRY COUNCIL v. DEPARTMENT OF TOXIC SUBSTANCES CONTROL

No. F082604.

86 Cal.App.5th 146 (2022)

AMERICAN CHEMISTRY COUNCIL et al., Plaintiffs and Appellants, v. DEPARTMENT OF TOXIC SUBSTANCES CONTROL et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

November 18, 2022.

Attorney(s) appearing for the Case

Sidley Austin, Sean A. Commons , Paul J. Zidlicky and Joseph T. Zaleski for Plaintiff and Appellant American Chemistry Council.

Atkinson, Andelson, Loya, Ruud & Romo, Brian M. Wheeler and Andrew M. Aller for Plaintiff and Appellant General Coatings Manufacturing Corp.

Rob Bonta , Attorney General, Edward H. Ochoa , Assistant Attorney General, Sarah E. Morrison , Catherine M. Wieman and Lani M. Maher , Deputy Attorneys General, for Defendants and Appellants.

OPINION

This case involves an appeal and cross-appeal following the trial court's determination that the Department of Toxic Substances Control (the Department) acted within its authority and properly complied with the Administrative Procedure Act (APA; Gov. Code, § 11340 et seq.) but violated the California Environmental...

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