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ECOLOGICAL RIGHTS FOUNDATION v. PACIFIC GAS/ELEC.

No. 15-15424.

874 F.3d 1083 (2017)

ECOLOGICAL RIGHTS FOUNDATION, Plaintiff-Appellant, v. PACIFIC GAS & ELECTRIC COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 2, 2017.

Attorney(s) appearing for the Case

Jason R. Flanders (argued), Aqua Terra Aeris Law Group, Oakland, California; Christopher Sproul , Environmental Advocates, San Francisco, California; for Plaintiff-Appellant.

Bradley Rochlen (argued), J. Michael Showalter , and Russell B. Selman , Schiff Hardin LLP, Chicago, Illinois, for Defendant-Appellee.

Judy B. Harvey (argued) and Aaron Avila , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Amicus Curiae United States.

Before: Marsha S. Berzon and Richard R. Clifton, Circuit Judges, and Kimberly J. Mueller, District Judge.

OPINION

According to the complaint in this case, the Pacific Gas & Electric Company ("PG&E") disperses wood treatment chemicals from various of its facilities into San Francisco and Humboldt Bays via indirect and direct stormwater discharges. The Clean Water Act ("CWA"), 33 U.S.C. §§ 1251 et...

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