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ATHLETICS INVESTMENT GROUP LLC v. DEPARTMENT OF TOXIC SUBSTANCES CONTROL

No. A162524.

83 Cal.App.5th 953 (2022)

ATHLETICS INVESTMENT GROUP LLC, Plaintiff and Respondent, v. DEPARTMENT OF TOXIC SUBSTANCES CONTROL et al., Defendants; SCHNITZER STEEL INDUSTRIES, INC., Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Three.

September 30, 2022.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman, Ronald E. Van Buskirk , Margaret Rosegay , Stacey C. Wright , Mark E. Elliott and Kevin Murray Fong for Real Party in Interest and Appellant.

Glynn, Finley, Morti, Hanlon & Friedenberg, Andrew T. Morti and James M. Hanlon, Jr. , for SA Recycling, LLC, as Amicus Curiae on behalf of Real Party in Interest and Appellant.

Keker, Van Nest & Peters, R. James Slaughter , Eric H. MacMichael ; Venable, William M. Sloan and Tyler G. Welti for Plaintiff and Respondent.

Lauren P. Phillips and Jaclyn H. Prange for Communities for a Better Environment, the Center on Race, Poverty & the Environment, San Francisco Baykeeper, the Sierra Club and the Natural Resources Defense Council as Amici Curiae on behalf of Plaintiff and Respondent.

Rob Bonta , Attorney General, Dennis L. Beck, Jr. , and Elizabeth B. Rumsey , Deputy Attorneys General, for Defendants.

OPINION

For almost 60 years, Schnitzer Steel Industries, Inc. (Schnitzer), has operated a scrap-metal shredding and recycling facility near the Port of Oakland, where it converts junked automobiles, appliances, and other scrap metal into streams of recyclable...

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