California Department of Resources Recycling and Recovery (CalRecycle) 

ListServ Archive Message: Paint Product Stewardship

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Subject:    Update on PaintCare/ACA Appeal
Date Sent:    February 5, 2015

On September 5, 2013, PaintCare and ACA appealed the Los Angeles Superior Court's judgment denying their Petition for Writ of Mandate, which sought to invalidate regulations adopted by CalRecycle to implement California's Architectural Paint Recovery Program (PRC §§48700-48706).  On February 3, 2015, the Court of Appeal (Second Appellate District, Division Seven) affirmed the trial court's judgment and concluded that the regulations are within the rulemaking authority the Legislature delegated to CalRecycle and do not enlarge or impair the scope of the program.  A copy of the Court of Appeal opinion is attached.


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