On April 3, 2013, in Ecological Rights Foundation v. Pacific Gas and Electric Company (ERF v. PG&E), the Ninth Circuit upheld the dismissal with prejudice of a case where an environmental group using statutory “citizen suit” provisions alleged that wood-treated utility poles are subject to the federal Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA).  Schiff Hardin represented PG&E in this matter.
Continue Reading Ninth Circuit Holds that In-Use Utility Poles Not Subject to the Clean Water Act or the Resource Conservation and Recovery Act