Legal Opinion

Consumer Advocacy Group, Inc. v. Exxon Mobil Corp.

California Court of Appeal

Decided December 17, 2002No. B153817PublishedCited by 15 opinions

Environmental Law Foundation, James R. Wheaton, Iryna Kwasny and Megan Evart; Yeroushalmi & Associates and Reuben Yeroushalmi for Plaintiff and Appellant.

1Opinion of the Court

Opinion

VOGEL (C. S.) P. J.

Introduction

In 1986, the electorate passed Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. It is now codified in Health and Safety Code sections 25249.5-25249.13. Section 25249.5 provides, in pertinent part: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water . . . .” The initiative provides both for fines and injunctive relief.…

2Cases cited8 opinions

  1. Amador Valley Joint Union High School District v. State Board of EqualizationCalifornia Supreme Court · 1978
  2. Norgart v. Upjohn Co.California Supreme Court · 1999
  3. People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
  4. People Ex Rel. Younger v. Superior CourtCalifornia Supreme Court · 1976
  5. Lesher Communications, Inc. v. City of Walnut CreekCalifornia Supreme Court · 1990

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3Cited by15 opinions

  1. People v. WhitlockCalifornia Court of Appeal · 2003
  2. POWER TEST REALTY COMPANY LIMITED PARTNERSHIP v. Janet COIT, in Her Official Capacity as Director of the Rhode Island Department of Environmental ManagementSupreme Court of Rhode Island · 2016
  3. California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc.District Court, E.D. California · 2015
  4. Eqt Prod. Co. v. Dep't of Envtl. Prot. of the Com. of Pa.Supreme Court of Pennsylvania · 2018
  5. Cavalry SPV I, LLC v. PoalstonCalifornia Court of Appeal · 2025

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