Californians for Alternatives to Toxics v. Kernen Construction Co. et al

Filing 95

ORDER OF REFERENCE TO CALIFORNIA ATTORNEY GENERAL REQUESTING SUBMISSION RE: PROPOSITION 65 CLAIM re 66 MOTION for Summary Judgment and/or Partial Summary Judgment filed by Bedrock Investments LLC, Kernen Construction Co., Kurt Kernen, Scott Farley. Signed by Judge Yvonne Gonzalez Rogers on 5/17/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/17/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 CALIFORNIANS FOR ALTERNATIVES TO TOXICS, Plaintiff, 11 United States District Court Northern District of California vs. 12 13 KERNEN CONSTRUCTION CO., ET AL., CASE NO. 16-cv-04007-YGR ORDER OF REFERENCE TO CALIFORNIA ATTORNEY GENERAL REQUESTING SUBMISSION RE: PROPOSITION 65 CLAIM Re: Dkt. No. 66 Defendants. 14 15 TO ALL PARTIES AND THE ATTORNEY GENERAL FOR THE STATE OF CALIFORNIA: 16 Plaintiff Californians for Alternatives to Toxics brings this action against defendant 17 companies located in Humboldt County claiming violations of the federal Clean Water Act and 18 California’s Proposition 65. The parties filed cross motions for summary judgment with regard 19 only to the Proposition 65 claim. (Dkt. Nos. 66, 73.) On May 16, 2017, the Court held oral 20 arguments on both motions. Given the statewide issues of concern, the Court provides notice of 21 these proceedings and an opportunity for the Attorney General to comment. Neither party objects. 22 Thus: 23 In connection with defendants’ motion for summary judgment (Dkt. No. 66), the parties 24 dispute whether defendants’ compliance with a permit issued by the State Water Resources 25 Control Board satisfies the requirements of California Health & Safety Code section 25249.9, 26 which provides an exemption to the prohibition on discharges contained in section 25249.5. The 27 Court finds that input from the Attorney General on such issues would be beneficial with respect 28 to its adjudication of the same. 1 Accordingly, the Court REFERS this matter to the Attorney General for his perspective on 2 the issues set forth in defendants’ motion for summary judgment. Within thirty (30) days of this 3 Order, the Court requests that the Attorney General either file (i) a brief setting forth the Attorney 4 General’s position on such issues or (ii) a notice indicating that the Attorney General declines to 5 do so. The Clerk shall cause a copy of this Order to be served upon the Attorney General for the 6 State of California. 7 IT IS SO ORDERED. 8 9 Dated: May 17, 2017 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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