United States Ninth Circuit

The district court properly dismissed plaintiff's citizen suit alleging that utility poles discharged wood preservative into the environment in violation of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA), where: 1) the plaintiff failed to state a claim under the CWA because discharges of stormwater from the utility poles were neither a "point source discharge" nor "associated with industrial activity;" 2) plaintiff failed to state a claim under RCRA because wood preservative that escaped from the utility poles was not a "solid waste;" and 3) the district court did not abuse its discretion in denying plaintiff leave to amend.

Appellate Information

• Decided 04/03/2013
• Published 04/03/2013

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel