Legal Opinion

Ecological Rights Foundation v. Pacific Gas & Electric Co.

Court of Appeals for the Ninth Circuit

Decided April 3, 2013No. 11-16042PublishedCited by 241 opinions

1Opinion of the Court

Opinion by Judge CALLAHAN; Concurrence by Judge HURWITZ.

OPINION

CALLAHAN, Circuit Judge:

Defendants-Appellees Pacific Gas & Electric Company (“PG & E”) and Pacific Bell Telephone Company (“Pacific Bell”) own and maintain utility poles throughout the San Francisco Bay Area. Many of the poles are treated with a wood preservative that contains pentachlorophenol (“PCP”), a general biocide, and other chemicals. Plaintiff-Appellant Ecological Rights Foundation (“ERF”) filed this action against both companies, alleging that the poles discharge wood preservative into the environment in violation of the…

2Cases cited53 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  4. Auer v. RobbinsSupreme Court of the United States · 1997
  5. United States v. Donald Lawrence Ritchie, Heather Horner, Claimant-AppellantCourt of Appeals for the Ninth Circuit · 2003

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3Cited by241 opinions

  1. Klamath-Siskiyou Wildlands Ctr v. Rob MacWhorterCourt of Appeals for the Ninth Circuit · 2015
  2. California Sportfishing Protection Alliance v. Shiloh Group, LLCDistrict Court, N.D. California · 2017
  3. Alliance for Wild Rockies v. United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 2014
  4. Tracht Gut, LLC v. County of Los Angeles Treasurer & Tax Collector (In Re Tracht Gut, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. Maryland Department of Environment v. Anacostia RiverkeeperCourt of Appeals of Maryland · 2016

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