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Ecological Rights Foundation v. Pacific Gas & Electric Co.

ELR Citation: 41 ELR 20089
Nos. No. C 10-0121 RS, (N.D. Cal. , 02/04/2011)

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do not require NDPES permits under the CWA. But the company failed to show that its service yards could only be classified under SIC Code 49 for which NPDES permits are not required. Consequently, the court also denied the company's motion to dismiss the group's claim for failing to obtain NPDES permits because this claim depends on whether the service yards are subject to the NPDES requirements. But the court dismissed the group's RCRA claim because the complaint contained virtually no factual allegations demonstrating that the company is a generator of solid waste.