United States Ninth Circuit

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Ecological Rights Foundation v. Pacific Gas & Electric Co., 15-15424

In an environmental action, alleging that defendant disperses wood treatment chemicals from its facilities into San Francisco and Humboldt Bays via storm water discharges, the district court's grant of summary judgment to defendant is reversed in part where the Resource Conservation and Recovery Act's 'anti-duplication' provision, 42 U.S.C. section 6905(a), does not preclude a citizen suit under 42 U.S.C. sections 6901 et seq. where the Environmental Protection Agency has declined to require permits before allowing such discharges under the Clean Water Act.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/11/02

Judges

  • BERZON

Court

  • United States Ninth Circuit

Counsel


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