9th Circuit: Group Can Pursue RCRA Claim Over Storm Water Discharges

Mealey's (November 3, 2017, 10:50 AM EDT) -- SAN FRANCISCO — The Resource Conservation and Recovery Act’s (RCRA) anti-duplication provision does not preclude the statute’s application to discharges of storm water from an energy company that also allegedly violate the Clean Water Act (CWA), a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 2 (Ecological Rights Foundation v. Pacific Gas & Electric Company, No. 15-15424, 9th Cir., 2017 U.S. App. LEXIS 21597)....