San Francisco Herring Ass'n v. Pacific Gas & Electric Co.
Opinion
Lead Opinion
Orrick, J.
ORDER DENYING MOTION TO DISMISS
Re: Dkt. No.
Plaintiffs San Francisco Herring Association (“SFHA”) and Dan Clarke brought a complaint against defendants Pacific Gas and Electric Company and PG & E Corporation (collectively, “PG & E”) arising from PG & E’s operation of manufactured gas plants roughly one hundred years ago. Although these plants no longer exist, they allegedly left behind substantial quantities of waste products that continue to contaminate the land in the Marina and Fisherman’s Wharf neighborhoods of San Francisco and the water of the San Francisco Bay. According to the complaint, the defendants failed to conduct adequate testing or remediation to eliminate the danger this waste poses to the environment.
The defendants move to dismiss the plaintiffs’ causes of action for violations of the Clean Water Act (“CWA”) and the Resource Conservation and Recovery Act (“RCRA”), alleging that the plaintiffs lack standing and that they fail to state a claim upon which relief can be granted. The plaintiffs plausibly allege injury in fact and the factual basis for the challenged causes of action. Therefore I DENY PG & E’s motion to dismiss.