California Court of Appeal

Reset A A Font size: Print

Styrene Info. & Research Ctr. v. Office of Envt. Health Hazard Assessment, C064301

In plaintiffs' suit seeking to prohibit the inclusion of styrene and vinyl acetate as possible carcinogens on the Proposition 65 list, trial court's grant of summary judgment in favor of the plaintiffs is affirmed where: 1) Proposition 65 list is limited to chemicals for which it has been determined, either by the Office of Environmental Health Hazard Assessment (OEHHA) through one of the methods described in Health and Safety Code section 25249.8(b), or through the Labor Code method of adopting findings from authoritative sources, that the chemical is known to cause cancer or reproductive toxicity; 2) because the findings in the IARC monographs on which OEHHA relies to list styrene and vinyl acetate do not satisfy that standard, they cannot properly be included on the list on that basis alone; and 3) because OEHHA does not propose any other basis for including the substances on the list, they must be excluded.

Appellate Information

  • Decided 10/31/2012
  • Published 10/31/2012

Judges

  • Hull

Court

  • California Court of Appeal

Counsel

Copied to clipboard