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ASHOFF v. CITY OF UKIAH

No. 97-15010.

130 F.3d 409 (1997)

Gilbert ASHOFF, Marjorie Ashoff, Friends Of The Russian River, California corporation; and Miles T. Crail, Plaintiffs-Appellants, v. CITY OF UKIAH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Kenneth B. Finney, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for plaintiffs-appellants.

Rick W. Jarvis, Meyers, Nave, Riback, Silver & Wilson, San Leandro, CA, for defendant-appellee.

Martin W. Matzen, Department of Justice, Washington, DC, for amicus United States of America.

Before: GOODWIN, ALARCON and T. G. NELSON, Circuit Judges.

GOODWIN, Circuit Judge.

This appeal is narrowly focused on the question whether the Resource Conservation and Recovery Act ("RCRA") authorizes citizen suits in federal courts claiming only violations of state standards that exceed the federal criteria. Gilbert Ashoff and others (collectively, "Ashoff") sued for an injunction against the City of Ukiah, alleging that its Solid Waste Disposal Site violated RCRA, the Clean Water Act (the "CWA") and state law. On a motion...

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