Friday, March 31, 2023 | Back issues
Courthouse News Service Courthouse News Service

Exxon Mobil Can’t Change Chemical’s Toxic Listing

(CN) - Exxon Mobil lost its bid to overturn a ruling listing the chemical di-isodecyl phthalate as a cause of reproductive toxicity, after a ruling by a California appeals court.

The Office of Environmental Health Hazard Assessment (OEHHA) listed di-isodecyl phthalate as a chemical that is known to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act, or Proposition 65.

The chemical is used in the manufacture of wire and cable coverings, carpet backing, toys, pool liners, and artificial leather.

The trial court in Los Angeles denied Exxon's request for a writ of mandate to challenge that rule, and Justice Suzukawa did the same on appeal, ruling that OEHHA did not abuse its discretion.

Suzukawa wrote that the scientists' failure to discuss the Proposition 65 listing criteria did not preclude OEHHA from accepting their findings.

"Instead, OEHHA may consider the entire record," the judge wrote, "to determine whether a chemical has been formally identified as causing reproductive toxicity."

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.