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· 8/6/2002

Association to Protect Hammersley, Eld, and Totten Inlets, a Washington Non-Profit Corporation v. Taylor Resources, Inc.

Citations

  • 299 F.3d 1007
  • 2002 A.M.C. 2472
  • 33 Envtl. L. Rep. (Envtl. Law Inst.) 20001
  • 2002 Cal. Daily Op. Serv. 7055
  • 2002 Daily Journal DAR 8885
  • 53 Fed. R. Serv. 3d 1199
  • 55 ERC (BNA) 1432
  • 2002 U.S. App. LEXIS 15656
  • 2002 WL 1792498

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering the definition of “pollution” to determine whether biological materials emitted by mussels are “pollutants”
  • “hold[ing] the 5 || withdrawal of the complaint did not become effective as a matter of law”
  • applying ejusdem generis even though the Act’s definition of pollutant is not an illustrative list and “biological materials” is not a catchall phrase following more-specific enumerated categories
  • Rule 19(a)(2) was “wholly inapplicable” because the agency failed to claim an interest that would be impaired by the litigation
  • “That Ecology has decided that an NPDES permit is not needed 11 warrants consideration but does not divest the federal courts of jurisdiction.”
  • ‘The Clean Water Act explicitly allows private citizens to bring enforcement actions 10 || against any person alleged to be in violation of federal pollution control requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Thomas, Graber, Gould

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.