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Litigation

: CalBizLit

Well That Sure Didn't Take Long: OEHHA Adding 30 Chemicals To Proposition 65 List

By Bruce Nye

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    CalBizLit blogged here and here about the suit by Sierra Club and others to force expansion of the Proposition 65 list of carcinogens and reproductive / developmental Oehha toxicants.  As discussed, the Alameda County Superior Court ruled in April and May that Proposition 65 required the State to list all of the chemicals referred to by Labor Code sections 6382(b)(1) and 6382(d), including all reproductive / developmental toxicants for which threshhold limit values had been set by the American Conference of Governmental Industrial Hygienists.

    Now the lead agency for Proposition 65, California's Office of Environmental Health Hazard Assessment ("OEHHA") had issued notice that it intends to add 19 chemicals as reproductive or develomental toxicants (although three to be added are already there as reproductive toxicants and now being added as developmental, or vice verse) and 11 chemicals as carcinogens. 

    There's a comment period running until July 13.  But good luck with that.  As OEHHA notes in bold font, it won't look at scientific evidence:

Because these are ministerial listings, comments should be limited to the question whether IARC or NTP [or ACGIH in the case of the reproductive/developmental list] have identified the specific chemical or substance as a known or potential human or animal carcinogen [or developmental/reproductive risk].  Under this listing mechanism, OEHHA cannot consider scientific arguments concerning the weight or quality of the evidence and will not respond to such comments if they are submitted.

    This is even more "through the looking glass" than is usual with Proposition 65.


Full post as published by CalBizLit on June 17, 2009 (boomark / email).

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