California Chamber of Commerce v. Brown

Opinion

BANKE, J.

I. Introduction

In November 1986, California voters approved Proposition 65, an initiative that enacted the Safe Drinking Water and Toxic Enforcement Act of 1986, now set forth in Health and Safety Code section 25249.5 et seq. (Proposition 65).1 A key provision of Proposition 65 is its mandate that the Governor publish “a list of those chemicals known to the state to cause cancer or reproductive toxicity.” (§ 25249.8, subd. (a).) This list is “to be revised and republished in light of additional knowledge at least once per year” (ibid.) and is commonly referred to as the…