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Aquafornia news Nossaman
On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite result. The case is a rare example of a court reversing itself, and has important implications for water suppliers in California and nationwide. In California River Watch, the plaintiff sought to impose RCRA liability on a water supplier based on the presence of hexavalent chromium in the water it supplied to customers, despite the fact that the water complied with the Maximum Contaminant Level (MCL) for chromium established under the Safe Drinking Water Act (SDWA).