Legal Challenge to Attorney General's Authority to Regulate Procedure in Proposition 65 Cases

Does the California Attorney General's Office have the power to unilaterally rewrite state law to require that Proposition 65 plaintiffs provide a whopping 45 days' notice for motions to approve settlements, instead of the statutorily allowed 16 days' notice? Dr. Anthony Held, Russell Brimer, and John Moore, clients of TCG, have challenged the Attorney General's regulation (11 CCR - 3003), which does re-write statutory law for these motions, contending that this regulation exceeds the Attorney General's authority and unlawfully conflicts California Code of Civil Procedure.

The Chanler Group represents citizen enforcers who, acting in the public interest,  enforce each citizen’s right to know when they are exposed to toxic chemicals found in consumer products sold in California and who hold companies accountable for unwarned exposures through imposition of civil penalties and injunctive relief, often requiring the removal of the offensive chemicals. Clients of The Chanler Group have issued dozens of Proposition 65 notices to manufacturers and retailers regarding the presence of toxic chemicals in their products that are sold in California without a warning.