Jump to Navigation
Jump to Content

Consumer Advocacy Group v. ExxonMobil Corp.

ELR Citation: 38 ELR 20285
Nos. No. B201245, (Cal. App. 2d Dist., 11/20/2008)

A California appellate court reversed and remanded a lower court decision dismissing a consumer advocacy group's enforcement action against an oil company under California Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. The group claimed that the company knowingly and intentionally allowed benzene, toluene, and lead to leak into drinking water sources in violation of Proposition 65. The lower court ruled that the group asserted claims that are virtually identical to claims set forth in a case already resolved by another court and, therefore, the case is barred by the doctrine of res judicata. But the issues in this case were not identical to those resolved in the prior action because the prior action did not resolve claims relating to lead. Accordingly, the lower court erred in granting the oil company full summary judgment based on res judicata.