Athletics Investment Group LLC v. Dept. of Toxic Substances Control

Filed 10/21/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ATHLETICS INVESTMENT GROUP

LLC, A162524

Plaintiff and Respondent, (Alameda County v. Super. Ct. No. RG200069917)

DEPARTMENT OF TOXIC

SUBSTANCES CONTROL et al., ORDER MODIFYING

OPINION; AND DENYING

Defendants;

PETITION FOR REHEARING

SCHNITZER STEEL INDUSTRIES, AND REQUEST FOR

INC., JUDICIAL NOTICE

Real Party in Interest and [NO CHANGE IN Appellant. JUDGMENT]

THE COURT*:

It is ordered that the opinion filed herein on September 30, 2022, be modified in the following particulars: 1. On page 2, line 20, in the sentence beginning “But the same legislatively mandated study,” the word “draft” is inserted after the word “mandated” and before the word “study.” 2. On page 2, lines 22-23, and page 3, line 1, the sentence beginning “There is no threat” is deleted and replaced with the…