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COMMUNITIES FOR ENVIRONMENT v. CONTROL BD.

No. A107572.

34 Cal.Rptr.3d 396 (2005)

132 Cal.App.4th 1313

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

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

As Modified September 27, 2005.

Attorney(s) appearing for the Case

Adrienne Lyn Bloch, Communities For Better Environment, Oakland, CA, Shana D.G. Lazerow, Earthjustice, Stanford, CA, Leo P. O'Brien, WaterKeepers Northern California, San Francisco, CA, for Plaintiff-Appellant.

Gavin Geraghty McCabe, Office of Attorney General, San Francisco, CA, for Defendant-Respondent.

R. Raymond Rothman, Bingham McCutchen, Los Angeles, CA, for Real Party in Interest and Respondent.

Melissa Anne Thorme, Downey Brand et al LLP, Sacramento, CA, Margaret Nell Rosegay, Pillsbury Winthrop LLP, San Francisco, CA, Amicus curiae for Respondent.

MARCHIANO, P.J.

Real party in interest Tesoro Refining and Marketing Company (Tesoro) 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...

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