Legal Opinion
Sierra Club, a California Non-Profit Corporation v. Union Oil Company of California, a California Corporation, Defendants
Court of Appeals for the Ninth Circuit
Decided April 3, 1987No. 85-2868PublishedCited by 64 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
The Sierra Club brought a citizen enforcement action against Union Oil Company of California (“Union Oil”) alleging that Union Oil violated the terms of its National Pollutant Discharge Elimination System (“NPDES”) permit on seventy-six occasions. After a five-day trial, the district court found no violations of the permit. The court excused some of the reported exceedances of permit limitations by application of an upset defense (an excuse for permit violations when circumstances occur that are beyond the reasonable control of the permittee), some on the ground that…
2Cases cited15 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- McKart v. United StatesSupreme Court of the United States · 1969
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
10 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Amerisourcebergen Corporation v. Dialysist West, Inc.Court of Appeals for the Ninth Circuit · 2006
- Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, Battery Council International, Respondents-IntervenorsCourt of Appeals for the Ninth Circuit · 1992
- Oregon Environmental Council v. KunzmanCourt of Appeals for the Ninth Circuit · 1987
- Sierra Club, a California Non-Profit Corporation v. Union Oil Company of California, a California CorporationCourt of Appeals for the Ninth Circuit · 1988
- Natural Resources Defense Council, Inc. v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2013
59 more not listed; retrieve them via the Exa API.