Cert

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CALIFORNIA CHAMBER OF No. 21-15745

COMMERCE,

Plaintiff-Appellee, D.C. No. 2:19-cv-02019- v. KJM-JDP

COUNCIL FOR EDUCATION AND

RESEARCH ON TOXICS, a California OPINION public benefit corporation, Intervenor-Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted January 12, 2022 San Francisco, California

Filed March 17, 2022

Before: Ronald M. Gould, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Bennett SUMMARY *

Civil Rights

In an action brought pursuant to 42 U.S.C. § 1983, the panel affirmed the district court’s order granting California Chamber of Commerce’s motion for a preliminary injunction that prohibited the Attorney General and his officers, employees, or agents, and all those in privity or acting in concert with those entities or individuals, including private enforcers from filing or prosecuting new lawsuits to enforce the Proposition 65 warning requirement…