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Exxon Mobil Corp. v. Office of Envtl. Health Hazard Assessment

ELR Citation: 39 ELR 20007
Nos. No. B204987, (Cal. App. 2d Dist., 01/07/2009)

A California appellate court held that the state's Office of Environmental Health Hazard Assessment (OEHHA) did not abuse its discretion in listing di-isodecyl phthalate (DIDP) as a chemical known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act, commonly known as Proposition 65. DIDP is used as a plasticizer in a wide variety of PVC plastic products. In determining whether a chemical has been formally identified by an authoritative body as causing reproductive toxicity, OEHHA may consider the entire record, including both the authoritative body identification and the record on which it relied. Here, OEHHA did not abuse its discretion by concluding that the National Toxicology Program formally identified DIDP as a reproductive toxicant or by finding that substantial evidence supported that identification.