Chemical Specialties Manufacturers Association, Inc. v. Clifford L. Allenby John K. Van De Kamp, Esq.
Opinion
Opinion
Hug, J.
Chemical Specialties Manufacturers Association, Inc. (“CSMA”) filed this action below seeking a declaratory judgment that the Federal Insecticide, Fungicide, and Ro-denticide Act (“FIFRA”), 7 U.S.C. §§ 136 -136y (1988), and the Federal Hazardous Substances Act (“FHSA”), 15 U.S.C. §§ 1261-1277 (1988), preempt Proposition 65 warning requirements. The State of California filed an opposition. The district court found that no genuine issues of material fact existed, and entered a Memorandum-Decision and Order on September 11, 1990, granting the State of California’s motion for summary judgment. 744 F.Supp. 934 . This appeal followed and we affirm.
I. FACTS
CSMA is a national trade association of insecticide, disinfectant, and antimicrobial product manufacturers who sell their products to consumer, institutional, and industrial users. Many of the products manufactured by CSMA members are regulated under either FIFRA or FHSA. Both FI-FRA and FHSA have express preemption provisions that prohibit certain types of state regulation, including labeling requirements on products regulated under the Acts.
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”)…