RECENT FEDERAL DECISIONS

December 2002

To read this entire item of approximately 1950 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Ninth Circuit Finds Liability under the Clean Water Act May Survive the Sale
San Francisco Bay Keeper, Inc. v. Tosco Corporation, Inc

In San Francisco Bay Keeper, Inc. v. Tosco Corporation, Inc., the Ninth Circuit Court of Appeals recently held that a defendant in a citizen-suit filed under the federal Clean Water Act, 33 U.S.C. SS 1251-1387 (CWA) may face civil penalties for violating the CWA even though the defendant no longer owns and operates the source of pollution.