Jump to Navigation
Jump to Content

As You Sow v. Conbraco Indus.

ELR Citation: 36 ELR 20005
Nos. No. A106660, (Cal. App. 1st Dist., 01/04/2006)

A court affirms a trial court ruling that a nonprofit organization failed to demonstrate that the manufacturers and distributors of plumbing parts discharged lead into a source of California drinking water in violation of the Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. The trial court held that the organization's designated testing method did not meet the requirements of any of the "methods of analysis" permitted by state regulation. While this appeal was pending, that regulation was repealed. On appeal, the organization argued that the trial court misinterpreted the regulation. But the trial court's misinterpretation of the regulation does not warrant reversal. In addition, the repeal of that regulation does not entitle the organization to another trial.