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CALIFORNIA CHAMBER v. COUNCIL FOR EDUC. & RESEARCH

No. 21-15745.

29 F.4th 468 (2022)

CALIFORNIA CHAMBER OF COMMERCE, Plaintiff-Appellee, v. COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS, a California public benefit corporation, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2022.

Attorney(s) appearing for the Case

Raphael Metzger (argued) and Scott Brust , Metzger Law Group, A Professional Law Corporation, Long Beach, California, for Intervenor-Defendant-Appellant.

Trenton H. Norris (argued), S. Zachary Fayne , and David M. Barnes , Arnold & Porter Kaye Scholer LLP, San Francisco, California, for Plaintiff-Appellee.

Jeffrey B. Margulies and Andy Guo , Norton Rose Fulbright US LLP, Los Angeles, California, for Amici Curiae of Consumer Brands Association, American Bakers Association, American Beverage Association, California Grain and Feed Association, California League of Food Producers, California Grocers Association, California Retailers Association, California Seed Association, National Confectioners Association, Plant California Alliance, and SNAC International.

Rob Bonta , Attorney General of California; Edward H. Ochoa , Senior Assistant Attorney General; Laura J. Zuckerman , Supervising Deputy Attorney General; Megan K. Hey and Rafael J. Hurtado , Deputy Attorneys General; Office of the California Attorney General, Los Angeles, California; for Amicus Curiae Rob Bonta.

Before: Ronald M. Gould, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

OPINION

California Chamber of Commerce ("CalChamber") filed suit for declaratory and injunctive relief against the Attorney General of California, seeking to halt acrylamide litigation brought under California's Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65 or Prop. 65.

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