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LAKE TAHOE WATERCRAFT v. TAHOE REGIONAL PLANNING

No. CIV. S-97-2053 FCD DJD.

24 F.Supp.2d 1062 (1998)

LAKE TAHOE WATERCRAFT RECREATION ASSOCIATION, et al., Plaintiffs, v. TAHOE REGIONAL PLANNING AGENCY, Defendant, The League to Save Lake Tahoe, Intervenor-Defendant.

United States District Court, E.D. California.

October 28, 1998.

Attorney(s) appearing for the Case

John E. Fagan, Jennifer L. Pruski, Hancock, Rothert & Bunshoft LLP, Tahoe City, CA, Brian A. Kelly, Mert A. Howard, Hancock, Rothert & Bunshoft LLP, San Francisco, CA, for Plaintiffs National Marine Manufacturers Ass'n and Personal Watercraft Industry Ass'n.

Lawrence L. Hoffman, Hoffman Law Offices, Tahoe City, CA, for All Other Plaintiffs.

E. Clement Shute, Ellison Folk, Robert S. Perlmutter, Shute, Mihaly & Weinberger, San Francisco, CA, Daniel P. Selmi, Los Angeles, CA, for Defendant Tahoe Regional Planning Agency.

Stephan C. Volker, Earthjustice Legal Defense Fund, Inc., San Francisco, CA, for Intervenor-Defendant The League to Save Lake Tahoe.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

The Lake Tahoe Watercraft Recreation Association and various watercraft manufacturers, retailers and users bring this action challenging the legality of Tahoe Regional Planning Agency ("TRPA") Ordinance No. 97-12 ("Ordinance"). In particular, plaintiffs challenge the portion of the Ordinance prohibiting the discharge of unburned fuel and oil from the operation of watercraft propelled by carbureted two...

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