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SIERRA CLUB v. CHEVRON U.S.A., INC.

Nos. 86-6287, 86-6288.

834 F.2d 1517 (1987)

SIERRA CLUB, a California non-profit corporation, Plaintiff/Appellant/Cross-Appellee, v. CHEVRON U.S.A., INC., a California corporation, Defendant/Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 29, 1987.

Attorney(s) appearing for the Case

Deborah S. Reames and Michael R. Sherwood, Sierra Club Legal Defense Fund, Inc., San Francisco, Cal., for Sierra Club, for plaintiff/appellant/cross-appellee.

Sarah G. Flanagan, San Francisco, Cal., for Chevron, U.S.A., Inc., for defendant/appellee/cross-appellant.

Before BROWNING, Chief Judge, PREGERSON and REINHARDT, Circuit Judges.

PREGERSON, Circuit Judge:

The Sierra Club filed a citizen enforcement action against Chevron U.S.A. Inc. ("Chevron") alleging that Chevron's El Segundo, California refinery repeatedly violated the terms of its National Pollutant Discharge Elimination System ("NPDES") permit. Chevron filed a motion for summary judgment, contending that some of Sierra Club's claims were barred by California's three-year statute of limitations and that the entire action was precluded...

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