Bid to Widen the Scope of Prop. 65 is Abandoned– by Dennis Pfaff at Prop. 65 News

Excerpted from the full length article at Prop. 65 News:

A long standing attempt to extend the reach of Proposition 65 through-out the entire chain of a product’s distribution, including into the manufacturing and processing workplaces of out-of-state companies, has fallen apart in San Francisco Superior Court.

In the face of a pair of adverse rulings last year by Judge Stuart Pollak drastically narrowing the litigation which themselves followed an even more critical decision in 1997 by federal labor regulators—San Francisco plaintiff As You Sow has now decided to bail out of its case against Shell Oil Company.

A judgment agreed to by both As You Sow and Shell dismissing the case and finding in favor of the oil giant was entered in court August 27. Representatives from both sides said Shell had paid As You Sow in exchange for the group’s agreement not to pursue any appeals.

“We are cognizant of the fact the chances of [Pollak’s rulings] being overturned on appeal are quite slim,” said Larry Fahn, As You Sow’s executive director. “Given those chances, and our limited resources, we decided to accept a modest partial cost reimbursement from Shell and move on.”

Neither side said how much Shell paid.

The lawsuit marked the final major action for controversial plaintiff’s attorney Cliff Chanler on behalf of As You Sow, a group he helped found. Chanler, who withdrew from the Shell case more than a year ago, and the organization are now locked in a bitter separate fight in San Francisco Superior Court over fees and costs.

The case, which dates back to January 1996, forced a first look into the murky intersection between Proposition 65’s hazard warning requirements and state and federal workplace safety laws. link to source.