9th Circ. Revives Enviros' Suit Over Scrap-Metal Discharge

Law360, New York (July 22, 2013, 8:06 PM EDT) -- The Ninth Circuit on Monday revived a Clean Water Act suit by water rights activists accusing California-based Chico Scrap Metal Inc. of violating a permit that regulates industrial stormwater discharges by causing pollution at three scrap metal recycling plants that it runs.

A three-judge panel reversed a lower court’s ruling dismissing the case, and found that even though Chico and the defendants previously had faced criminal and civil charges by a district attorney, the claims by the California Sportfishing Protection Alliance were not precluded because the...
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