COMMUNITIES FOR BETTER ENV. v. STATE BD.

No. A100327.

1 Cal.Rptr.3d 76 (2003)

109 Cal.App.4th 1089

COMMUNITIES FOR A BETTER ENVIRONMENT, et al., Plaintiffs and Respondents, v. STATE WATER RESOURCES CONTROL BOARD, et al., Defendants; Tesoro Refining and Marketing Company, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division One.

Rehearing Denied June 27, 2003.

Review Denied September 24, 2003.


Attorney(s) appearing for the Case

William H. Freedman, Los Angeles, John R. Reese, San Francisco, Rick R. Rothman, David K. Bowles, Bingham McCutchen, for Tesoro Refining and Marketing Co.

Chris Jensen, C.L.S., Michael R. Lozeau, Deborah A. Sivas, Earthjustice, San Francisco, for Communities for A Better Environment and San Francisco Baykeeper.

Gregory R. McClintock, Scott C. McAdam, Mayer, Brown, Rowe & Maw, Los Angeles, for Amicus Curiae on behalf of Real Party in Interest and Appellant Western States Petroleum Ass'n.

Melissa A. Thorme, Nicole E. Granquist, Courtney J. Hamamoto, Downey, Brand, Seymour & Rohwer LLP, Sacramento, for Amicus Curiae on behalf of Real Party in Interest and Appellant Bay Area Clean Water Agencies.


MARCHIANO, P.J.

Appellant Tesoro Refining and Marketing Company operates the Golden Eagle Refinery (the Refinery) near Avon, California, on the shores of Suisun Bay. The Refinery operates under a National Pollutant Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Control Board, San Francisco Bay Region (Regional Board). The permit regulates the Refinery's discharges of dioxins and other pollutants into Suisun Bay. In June 2000 the Regional...

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