Modification: American Chemistry Council v. Office of Environmental Health Hazard Assessment

AMERICAN CHEMISTRY COUNCIL,

Plaintiff and Appellant,

v.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al.,

Defendants and Respondents;

NATURAL RESOURCES DEFENSE COUNCIL,

Real Party in Interest and Respondent.

No. C079078

(Super. Ct. No. 34201300140720CUWMGDS )

California Courts of Appeal

Third Appellate District

Filed November 10, 2020

THE COURT:

It is ordered that the opinion filed herein on October 19, 2020, be modified as follows:

1. On page 1, in the editorial information of the opinion replace "National" with "Natural" in the name of the Real Party in Interest and Respondent to read "Joshua R. Purtle, Jennifer A. Sorenson, Michael E. Wall, Avinash Kar for Real Party in Interest Natural Resources Defense Council."

2. On page 3, in the second paragraph, first line, replace the word "National" with "Natural" so the sentence reads in part: "On the same day as the DART-IC determination, real-party-in-interest Natural Resources Defense Council (NRDC) petitioned OEHHA."

3. On page 6, footnote 5, within the last sentence that reads, "BPA had been identified by NTP as a reproductive intoxicant," replace "intoxicant" with "toxicant" so the sentence now reads in part: "BPA had been identified by NTP as a reproductive toxicant."

4. On page 20, in the third full paragraph that reads, "OEHHA emphasized the deferential standard of review to be accorded to it in a case such as this, involving highly technical record," insert the word "a" between the word "involving" and "highly" so the sentence now reads: "OEHHA emphasized the deferential standard of review to be accorded to it in a case such as this, involving a highly technical record addressing scientific material."

5. On page 23, in the second sentence of the first full paragraph that reads, "In response to the question ' "Can [BPA] affect human development or reproduction?" ' The report answered, 'possibly,' " replace the capital "T" in the word "The" before the word "report" with a lower case "t" so that it now reads: "In response to the question ' "Can [BPA] affect human development or reproduction?" ' the report answered, 'possibly.' "

On page 52, in the last sentence in the first paragraph that reads, "Therefore, we turn to the record to consider whether OEHHA's determination that NTP considered criteria in subdivision (g) and whether biological plausibility can be determined from the monograph and the studies upon which it relied," delete the word "whether" between consider and OEHHA's determination.

This modification does not change the judgment.

BY THE COURT

BLEASE, Acting P. J.

MURRAY, J.

DUARTE, J.