Zeise

Nat'l Ass'n of Wheat Growers v. Zeise

Good Law
309 F. Supp. 3d 842
United States District Court, Eastern District of CaliforniaFebruary 26, 2018Civ. No. 2:17–2401 WBS EFBCalifornia5,378 words

Opinion

Lead Opinion

Shubb, J.

Before the court is plaintiffs' Motion for Preliminary Injunction. (Docket No. 29.) The court held a hearing on the motion on February 20, 2018.

I. Factual and Procedural History

This case concerns a challenge to California's listing of glyphosate 1 as a chemical known to the State of California to cause cancer, as well as a challenge to California's warning requirements that accompany that listing. Plaintiffs claim, *846 among other things, that the listing and warning requirements violate the First Amendment by compelling them to make false, misleading, and highly controversial statements about their products, and they seek a preliminary injunction on this basis.

Under Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety Code §§ 25249.5 - 25249.14 ("Proposition 65"), the Governor of California is required to publish a list of chemicals known to the State to cause cancer, as determined by, inter alia, certain outside entities, including the United States Environmental Protection Agency ("EPA"), the United States Food and Drug Administration ("FDA"), and the International Agency for Research on Cancer ("IARC"). 3 AFL-CIO v.…

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