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Calif. City Must Face Lawsuit Over Drinking Water – 9th Circuit

A U.S. appeals court on Wednesday ruled that an environmental group can press ahead with claims that a toxic chemical in a central California city’s drinking-water system qualifies as “solid waste” under the federal Resource Conservation and Recovery Act.

Overturning a lower court ruling, a split panel of the 9th U.S. Circuit Court of Appeals found that the city of Vacaville can potentially be held liable under the RCRA for transporting in its water pipes the carcinogen hexavalent chromium, which an environmental group claims is the result of commercial pollution at a site where the city draws its water.

Central Valley Water Districts Get OK to Sue Dow, Shell Over Groundwater Pollution

A state appeals court has upheld California’s cleanup standards for a cancer-causing chemical that was added to pesticides and has polluted groundwater in the Central Valley, rejecting challenges by manufacturers that may have to pay the costs.

The State Water Resources Control Board’s 2017 mandate for removing nearly all TCP (1,2,3-trichloropropane) from drinking water was contested by the California Manufacturers and Technology Association, representing Dow Chemical Co. and Shell Oil, which included the chemical in worm-killing fumigants widely used by farmers through the 1980s. They argued that the board’s criteria were not “economically feasible,” as required by state law.

Opinion: What Have Decades of Water Lawsuits in California Accomplished?

We are stunned by the suggestion that yet another water lawsuit will help anyone. Conflict has dominated California water policy at least as far back as the coining of the phrase “whiskey is for drinking, water is for fighting.”

And what have decades of endless lawsuits accomplished?