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Ecological Rights Foundation v. Pacific Gas & Electric Co.

ELR Citation: 47 ELR 20139
Nos. 3:10-cv-00121-RS, (9th Cir., 11/02/2017)

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to treat the wood of utility poles to seep unregulated into San Francisco and Humboldt Bays. The utility argued that the suit should be dismissed, as the CWA does not require a NPDES permit for its actions and RCRA's "anti-duplication" provision precluded its application as it conflicted with the CWA. The court disagreed, holding that since the CWA did not require a NPDES permit for these actions, there was no CWA-grounded requirement to conflict with RCRA. The case was remanded for further proceedings.