San Francisco Baykeeper, Inc. v. Tosco Corporation, Diablo Services, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
This case presents the questions of whether a citizen plaintiff under the Clean Water Act must always notify the defendant of the specific dates of alleged violations in order to pursue claims for those violations, and whether that plaintiff can maintain a suit against a defendant firm that no longer operates the polluting facility at issue.
We hold that as long as a notice letter is reasonably specific as to the nature and time of the alleged violations, the plaintiff has fulfilled the notice requirement. The letter does not need to describe every…
2Cases cited12 opinions
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- City of Erie v. Pap's A. M.Supreme Court of the United States · 2000
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- United States v. Concentrated Phosphate Export Assn., Inc.Supreme Court of the United States · 1968
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
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3Cited by71 opinions
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- Center for Biological Diversity, Inc. v. BP America Production Co.Court of Appeals for the Fifth Circuit · 2013
- Center for Biological Diversity v. Marina Point Development Co.Court of Appeals for the Ninth Circuit · 2009
- Moeller v. Taco Bell Corp.District Court, N.D. California · 2011
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