National Paint & Coatings Ass'n, Inc. v. St. of Calif.

Summary

Two paint manufacturers associations sued claiming that private citizen enforcement provisions of drinking water and toxic chemicals legislation violate constitutional separation of powers and due process principles. However, the associations pleaded no facts to show that private enforcement interferes with or impairs executive branch enforcement. Nor did they make out a violation of due process rights. The trial court properly dismissed the complaint.

Factual and Procedural Background

Plaintiffs and appellants, two associations of paint manufacturers, sued to invalidate the private enforcement provisions of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code, §§ 25249.5-25249.13) (the Act). They contended that the Act, in authorizing suits by private citizens who have sustained no injury, violates the separation of powers doctrine under the California Constitution, and the due process clauses of the California and United States Constitutions. They also challenged the constitutionality of the Unfair Competition Act (UCA), which authorizes private citizens, acting for the interest of the general public, to sue for injunctions against…