9th Circ. Rejects PG&E Power Pole Pollution Claims

Law360, New York (April 3, 2013, 4:45 PM EDT) -- The Ninth Circuit on Wednesday rejected an environmental group’s lawsuit claiming rainwater has been washing toxic chemical-laden wood preservatives from Pacific Gas & Electric Co.’s utility poles into San Francisco Bay, saying the purported discharges don't fit pollutant definitions.

The appeals court found the Ecological Rights Foundation could not support claims against PG&E and Pacific Bell Telephone Co. under the Clean Water Act because stormwater runoff from the utility poles does not constitute point source discharges from industrial activities. The court also rejected claims under the...
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