D-Con Co., Inc. v. Allenby

FERN M. SMITH, District Judge.

Plaintiff, d-Con Company (d-con), moves for partial summary judgment, seeking a declaratory judgment that the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., (FIFRA), preempts defendants from imposing warnings under California’s Safe Drinking Water and Toxic Enforcement Act, better known as Proposition 65 (Prop 65). Plaintiff also challenges Prop 65 on Commerce Clause grounds, but did not address that claim in this motion.

Defendants filed a cross-motion for partial summary judgment and a motion to transfer the case to the Eastern…