Legal Opinion

Committee to Save Mokelumne River, a California Non-Profit Corporation v. East Bay Municipal Utility District, a California Municipal Utility District

Court of Appeals for the Ninth Circuit

Decided December 29, 1993No. 93-15999PublishedCited by 91 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

The East Bay Municipal Utility District and the members of the California Regional Water Quality Control Board, Central Valley Region, defendants below, appeal the district court’s order granting partial summary judgment in favor of the Committee to Save the Mokelumne River. The district court, in a well-written, well-reasoned opinion, found that defendants owned and operated the Penn Mine facility, and that the facility discharged pollutants into the Camanche Reservoir and Mokelumne River without a permit, in violation of the Clean Water Act, 33 U.S.C. §§ 1251-1376.…

2Cases cited4 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
  4. National Wildlife Federation v. Consumers Power CompanyCourt of Appeals for the Sixth Circuit · 1988

3Cited by91 opinions

  1. Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
  2. Natural Resources Defense Council Santa Monica Baykeeper, Inc. Terry Tamminen v. California Department of Transportation, and James W. Van Loben SelsCourt of Appeals for the Ninth Circuit · 1996
  3. Armstrong v. WilsonCourt of Appeals for the Ninth Circuit · 1997
  4. Armstrong v. WilsonCourt of Appeals for the Ninth Circuit · 1997
  5. Sierra Club v. El Paso Gold Mines, Inc.Court of Appeals for the Tenth Circuit · 2005

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