Filed 1/29/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

EXXON MOBIL CORPORATION,

Plaintiff and Appellant,

v.

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT et al.,

Defendants and Respondents.

B204987

(Los Angeles County
Super. Ct. No. BS109343)

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:*

It is ordered that the opinion filed herein on January 7, 2009, be modified as follows.

1. On page 4, the first sentence of the last full paragraph commencing with “Thus, the statute” is modified to read: Thus, section 25249.8, subdivision (b) of the statute sets out three different ways by which a chemical can be listed.

2. On page 5, line 3, “subdivision (a)” is changed to “subdivision (b).”

There is no change in the judgment.

________________________________________________________________________

*EPSTEIN, P. J. WILLHITE, J. SUZUKAWA, J.