Monsanto Co. v. Office of Environmental Health Hazard Assessment

Appellants challenged the trial court's order and judgment dismissing appellants' petition for writ of mandate and complaint. At issue was whether Proposition 65's reliance on the International Agency for Research on Cancer to identify known carcinogens violated various provisions and doctrines of the California and United States Constitutions. The Court of Appeal affirmed the judgment, rejecting appellants' arguments that the Labor Code listing mechanism violated article II, section 12 of the California Constitution, because the Agency did not qualify as a private corporation under the constitutional provision; that the Labor Code listing mechanism was an unlawful delegation of authority; that the Labor Code listing mechanism violated procedural due process rights; and that the Labor Code listing mechanism violated the Guarantee Clause of the United States Constitution. View "Monsanto Co. v. Office of Environmental Health Hazard Assessment" on Justia Law