Blog: Ninth Circuit Court of Appeals reverses RCRA citizen suit decision affecting drinking water supply agencies in California River Watch v. City of Vacaville
In a significant course-correction, a Ninth Circuit panel recently revisited its prior opinion in California River Watch v. City of Vacaville, (14 F.4th 1076 (9th Cir. 2021) (“Vacaville I”)), where the Court previously held the City of Vacaville (“City”) could be liable for transporting a solid waste (hexavalent chromium) in its drinking water supply simply due to that contaminant being present in groundwater withdrawn for water supply purposes. On a denial of a rehearing en banc, the same three-judge panel who issued the Vacaville I opinion issued a new order and opinion withdrawing and superseding the former opinion, now affirming summary judgment in favor of the City.