Case Detail

Monsanto Co. v. Office of Environmental Health Hazard Assessment
On November 21, 2017, WLF asked the California Court of Appeal to reverse a trial court decision that sustained the California Office of Environmental Health Hazard Assessment’s (OEHHA) controversial listing of glyphosate as a potential carcinogen under its Prop 65 warning regime. In support of Monsanto’s challenge to that listing, WLF’s brief contends that OEHHA’s reliance on the International Agency for Research on Cancer (IARC)—a private, politically unaccountable organization—to add glyphosate to the Prop 65 list constitutes an improper delegation of rulemaking authority in violation of the California Constitution’s separation of powers. WLF further argues that by granting IARC the power to determine which chemicals are placed on the Prop 65 list maintained by OEHHA, Prop 65’s listing mechanism violates Article II, § 12 of the California Constitution, which expressly prohibits designating “any private corporation to perform any function or to have any power or duty.”
Case Status:
Awaiting oral argument.
More Information and Downloads:
11/21/2017: Download the Brief

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