California Court of Appeal

In this case, plaintiffs appeal from the denial of their petition for a writ of mandate, in which they sought to invalidate regulations adopted by the California Department of Resources, Recycling, and Recovery (CalRecycle) to implement and enforce the Architectural Paint Recovery Program (Program), Public Resources Code section 48700 et seq. The judgment is affirmed, where: 1) the regulations adopted by CalRecycle to implement the Program are within the rule making authority that the Legislature delegated to CalRecycle; and 2) the regulations do not go beyond the Program because they do not dictate how manufacturers comply with the Program, but rather, they set forth what information manufacturers must provide to CalRecycle to comply with the Program.

Appellate Information

• Decided 02/03/2015
• Published 02/03/2015

Judges

• Feuer

Court

• California Court of Appeal

Counsel