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SIERRA CLUB v. UNION OIL CO. OF CALIFORNIA

No. 85-2868.

813 F.2d 1480 (1987)

SIERRA CLUB, a California non-profit corporation, Plaintiff-Appellant, v. UNION OIL COMPANY OF CALIFORNIA, a California corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1987.

Attorney(s) appearing for the Case

Roger Beers, Stephan Volker, San Francisco, Cal., for plaintiff-appellant.

Patrick J. Cafferty, Jr., San Francisco, Cal., for defendants-appellees.

Amelia S. Salzman, Washington, D.C., for amicus curiae.

Before CHOY, GOODWIN and PREGERSON, Circuit Judges.

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...

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