Governor Ordered to Add 201 Chemicals to Toxic List : Judge Rules on Prop. 65 Controversy

A Sacramento judge today ordered Gov. George Deukmejian to add 201 chemicals to a toxics list he was required to issue under voter-approved Proposition 65. He rejected the governor’s argument that the list should apply initially only to substances proven to cause cancer or birth defects in humans.

Superior Court Judge Roger K. Warren ruled that the governor has no choice under the popular ballot measure but to add the substances, which are on a list of chemicals identified as causing cancer in humans or animals by two widely respected cancer agencies--the International Agency for Research on Cancer and the National Toxicology Program.

In February, Deukmejian argued that he was required to list only 29 chemicals proven to have harmful effects in humans and that he would leave it to a newly appointed scientific panel to tell him which other chemicals should be added.

The governor’s list plays a crucial role in implementing Proposition 65, which requires businesses to warn consumers and workers of exposure to listed chemicals and which imposes penalties of $2,500 a day for discharging those substances into the state’s drinking water supplies.

Delayed Until May 11

Warnings are required 12 months after a chemical is listed; the discharge limits go into effect 20 months after listing.

In his decision today, Warren delayed execution of his order until May 11 to give the governor time to consider whether he wants to appeal--an action that could delay the actual listing of the chemicals. However, there was no immediate indication whether Deukmejian will appeal.

The suit was brought by the AFL-CIO and several environmental organizations that sponsored the November ballot measure including the Sierra Club and the Environmental Defense Fund.

During the hearing, Warren noted that he did not takely lightly the decision to order the chief executive officer of the state to take action, but said the arguments made by those who filed suit against Deukmejian were “totally” convincing.

The judge noted that Deukmejian, a former attorney general, is a lawyer. “If the governor were sitting where I am sitting, he would arrive at the same conclusion,” Warren said.

In the court case, Deukmejian was represented by private lawyers because state Atty. Gen. John K. Van de Kamp had refused to represent him. The governor’s attorneys argued that Deukmejian was well within his discretion in limiting his initial list of Proposition 65 chemicals to those with proven effects on humans.