· 4/3/1987
Sierra Club, a California Non-Profit Corporation v. Union Oil Company of California, a California Corporation, Defendants
Citations
- 813 F.2d 1480
- 17 Envtl. L. Rep. (Envtl. Law Inst.) 20547
- 25 ERC (BNA) 1801
- 1987 U.S. App. LEXIS 4267
- 25 ERC 1801
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “The state’s method of adopting a more stringent standard should be subject to scrutiny only at the permit issuance stage.”
- vacated on other grounds by Union Oil Co. of California v. Sierra Club, 485 U.S. 931 (1988)
- to allow permittees to submit extrinsic evidence that their publicly filed reports were inaccurate would undermine the efficacy of the CWA's self-monitoring program, and defeat the public's ability to assist in the enforcement of discharge limitations
- “It is unclear whether the court intended to excuse these violations under the upset defense or under a de minimis theory. In either event, the district court erred. The Clean Water Act and the regulations promulgated under it make no provision for ‘rare’ violations.”
- “It is unclear whether the court intended to excuse these violations under the upset defense or under a de minimis theory. In either event, the district court erred. The Clean Water Act and the regulations promulgated under it make no provision for ‘rare’ violations.”
- CWA \makes no provision for 'rare' violations\
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Goodwin, Pregerson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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