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SAN FRANCISCO BAYKEEPER, INC. v. TOSCO CORP.

No. 01-15939.

309 F.3d 1153 (2002)

SAN FRANCISCO BAYKEEPER, INC., Plaintiff-Appellant, v. TOSCO CORPORATION, Diablo Services, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2002.

Attorney(s) appearing for the Case

Robert S. Perlmutter, Shute, Mihaly and Weinberger, San Francisco, CA; H. Sinclair Kerr, Jr., Timothy J. Fox, Kerr & Wagstaffe LLP, San Francisco, CA; Leo P. O'Brien, Waterkeepers Northern California, San Francisco, CA, for the appellant.

John J. Lyons, James L. Arnone, Evelyn Heidelberg, Latham and Watkins, Los Angeles, CA; Sandi L. Nichols, Lawrence S. Bazel, Christopher J. Carr, Stoel Rives, LLP, San Francisco, CA, for the appellees.

Michael Axline, Western Environmental Law Center, Eugene, OR, for the amicus.

Before: GOODWIN, Senior Circuit Judge, and THOMAS and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

This case presents the questions of whether a citizen plaintiff under the Clean Water Act must always notify the defendant of the specific dates of alleged violations in order to pursue claims for those violations, and whether that plaintiff can maintain a suit against a defendant firm that no longer operates the polluting facility at issue.

We hold that as long as a notice letter is reasonably specific...

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