RECENT CALIFORNIA DECISIONS

March 2006

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Court of Appeal Upholds Lower Court Ruling that Plaintiff Failed to Prove a Discharge in Violation of Proposition 65
As You Sow v. Conbraco Industries, ___Cal.App. 4th___

In an action brought under California’s Proposition 65—the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) (Health & Saf. Code, §§25249.5-25249.13)—the First District Court of Appeal upheld the trial court’s finding that plaintiff’s designated testing method did not meet the requirements of any of the “methods of analysis” permitted under § 12901 (repealed), California Code of Regulations.