Legal Opinion
Ecological Rights Foundation v. Pacific Gas & Electric Co.
Court of Appeals for the Ninth Circuit
Decided November 2, 2017No. 15-15424PublishedCited by 25 opinions
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
According to the complaint in this case, the Pacific Gas & Electric Company (“PG&E”) disperses wood treatment chemicals from various of its facilities into San Francisco and Humboldt Bays via indirect and direct stormwater discharges. The Clean Water Act (“CWA”), 33 U.S.C. §§ 1251 et seq., allows but does not require the federal Environmental Protection Agency (“EPA”) to require permits before such discharges are allowed; EPA has decided not to require permits.
Our principal question is whether the citizen suit provision of a different statute, the Resource…
2Cases cited30 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Auer v. RobbinsSupreme Court of the United States · 1997
25 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- San Francisco Herring Ass'n v. UsdoiCourt of Appeals for the Ninth Circuit · 2019
- Center for Biological Diversity v. UsfsCourt of Appeals for the Ninth Circuit · 2023
- Assurance Wireless USA, L.P. v. Alice ReynoldsCourt of Appeals for the Ninth Circuit · 2024
- Newton v. Parker Drilling Management Services, Ltd.Court of Appeals for the Ninth Circuit · 2018
- California River Watch v. City of VacavilleCourt of Appeals for the Ninth Circuit · 2022
20 more not listed; retrieve them via the Exa API.