ECOLOGICAL RIGHTS FOUNDATION v. PACIFIC GAS

No. 11-16042.

713 F.3d 502 (2013)

ECOLOGICAL RIGHTS FOUNDATION, Plaintiff-Appellant, v. PACIFIC GAS AND ELECTRIC COMPANY; Pacific Bell Telephone Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 3, 2013.


Attorney(s) appearing for the Case

Christopher Sproul (argued), Jodene Isaacs , and Brian Orion , Environmental Advocates, San Francisco, CA; William Verick , Klamath Environmental Law Center, Eureka, CA, for Plaintiffs-Appellants.

Russell B. Selman , Bradley S. Rochlen (argued), and J. Michael Showalter , Schiff Hardin LLP, Chicago, IL, for Defendant-Appellee Pacific Gas & Electric Company.

Douglas W. Sullivan (argued) and Joel D. Smith , Crowell & Morring LLP, San Francisco, CA, for Defendant-Appellee Pacific Bell Telephone Company.

Daniel J. Herling , Keller & Heckman LLP, San Francisco, CA, for amicus KMG-Bernuth, Inc.

Karma B. Brown , Hunton & Williams LLP, Washington, D.C.; Brooks M. Smith , Hunton & Williams LLP, Richmond, VA, for amici American Coke & Coal Chemicals Institute, et al.

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...

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