Ecological Rights Foundation v. Pacific Gas & Electric Co.
Court of Appeals for the Ninth Circuit
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…
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