Modification: Mateel Environmental v. Office of Environmental Health

MATEEL ENVIRONMENTAL JUSTICE FOUNDATION,

Plaintiff and Appellant,

v.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al.,

Defendants and Respondents;

CALIFORNIA CHAMBER OF COMMERCE et al.,

Intervenors and Respondents.

No. A148711

(Alameda County

Super. Ct. No. RG15-754547)

California Courts of Appeal

First Appellate District

Division Two

Filed June 21, 2018

Trial Judge: Hon. Winifred Y. Smith

Attorneys for Plaintiff and Appellant: Lexington Law Group, Eric S. Somers, Howard J. Hirsch, Joseph Mann, Casey Fisher, Klamath Environmental Law Center, William Verick, David H. Williams

Attorneys for Defendants and Respondents: Attorneys General of California, Xavier Becerra, Kamala D. Harris, Susan S. Fiering, Supervising Deputy Attorney General, Harrison M. Pollak, Deputy Attorney General

Attorneys for Interveners and Respondents: Arnold & Porter Kaye Scholer, LLP, Trenton H. Norris, Sarah Esmaili

Amicus Curiae David Roe, in pro. per.

BY THE COURT:

It is ordered that the opinion filed herein on June 5, 2018, be modified to correct several small technical errors as follows:

Page 6, footnote 6, next to last line:

Existing Language: "and 'µg/100m' - have the same meaning."

Modification: "and 'µg/100ml' - have the same meaning" and remove the final quote after the word "meaning" at the end of the sentence in footnote 6.

Page 8, first full paragraph, first line:

Existing Language: "setting the 0.5 MADL for lead"

Modification: "setting the 0.5 micrograms per day MADL for lead"

Page 8, second full paragraph, first line:

Existing Language: "the 0.5 microgram per day (0.5 micrograms/100g)"

Modification: "the 0.5 microgram per day (0.5 micrograms/day)"

Page 11, Heading A:

Existing Language: "30 Micrograms per Day"

Modification: "30 Micrograms per 100 Grams"

Page 17, Heading B:

Existing Language: "Exposure to 500 µg of Lead per Day"

Modification: "Exposure to 0.5 µg of Lead per Day"

Page 19, line 3:

Existing Language: "(the state qualified experts. . . .)"

Modification: "(the State's qualified experts. . . .)"

Page 21, last line of second full paragraph:

Existing Language: "no observable reproductive effects level of under 30 micrograms per day and OEHHA."

Modification: "no observable reproductive effects blood lead level of under 30 micrograms per 100 grams."

Page 21, last line of third full paragraph:

Existing Language: "would achieve its surrogate NOEL of 30 micrograms per day."

Modification: "would achieve its surrogate NOEL blood lead level of 30 micrograms per 100 grams."

Page 23, line 8 of first paragraph in section E:

Existing Language: "identify in its ISOF or its FSOR"

Modification: "identify in its ISOR or its FSOR"

Dated:

Kline, P.J.