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American Chemistry Council v. Office of Environmental Health Hazard Assessment

ELR Citation: 50 ELR 20240
Nos. C079078, (Cal. Ct. App., 10/19/2020)

A California appellate court upheld the state Office of Environmental Health Hazard Assessment's (OEHHA's) decision to list bisphenol A (BPA) as a chemical known to cause reproductive toxicity under the state Safe Drinking Water and Toxic Enforcement Act. An industry group sought to enjoin the listing, arguing that OEHHA abused its discretion in refusing to consider the Developmental and Reproductive Toxicant Identification Committee's (DART-IC's) determination against listing BPA, in concluding that the National Toxicology Program (NTP) formally identified BPA as a reproductive toxicant in a 2008 monograph, and in determining that NTP concluded that studies in experimental animals indicated there was sufficient data to establish that an association between adverse reproductive effects in humans and BPA was "biologically plausible" within the meaning of OEHHA's regulation. The court found there was no statutory or regulatory provision that required OEHHA to consider DART-IC's listing declination, it reasonably concluded that NTP formally identified BPA as a chemical that caused reproductive toxicity, and it reasonably concluded there was sufficient data in the monograph and the studies to indicate that an association between adverse reproductive effects in humans and BPA was biologically plausible. It therefore vacated its previously issued stay and upheld the listing.