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California Court of Appeal


Californians for Pesticide Reform v. California Dep't of Pesticide Regulation, C052373

In plaintiff's petition for a writ of mandate and complaint for declaratory relief challenging the defendant's risk assessment process involving pesticides, trial court's denial of the petition is affirmed where: 1) the factors enumerated in the Toxic Air Contaminants Act are not so different from the department's new risk assessment policy as to be a violation of the statute; 2) plaintiff's claims that the defendant has failed to implement the Act and that the process is an underground regulation are rejected; and 3) trial court did not err in denying plaintiff's request for judicial notice of scientific studies.

Appellate Information

  • Decided 05/17/2010
  • Published 05/17/2010

Judges

  • RAYE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael W. Graf; Center on Race, Poverty, & the Environment, Caroline Farrell and Alegria De La Cruz for Plaintiffs and Appellants.

  • For Appellees:
  • Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Hackenbracht, Senior Assistant Attorney General, John Davidson, Supervising Deputy Attorney General, Anita E. Ruud, Deputy Attorney General, for Defendants and Respondents.
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