United States Ninth Circuit

A judgment in favor of an environmental group in litigation under the Clean Water Act (CWA) challenging a city's discharge of sewage from its waste treatment plant into a body of water is affirmed where the body of water at issue was subject to the CWA since it and its wetlands possessed a "significant nexus" to navigable waters, and neither a waste treatment system nor an excavation operation exception applied to the discharges. (Substituted opinion)

Appellate Information

• Argued 11/16/2005
• Decided 08/06/2007
• Published 08/06/2007

Judges

• Before:  MARY M. SCHROEDER, Chief Judge, JEROME FARRIS and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter W. McGaw, Archer Norris, Walnut Creek, CA, for the appellant.


• For Appellees:
  
• Charles M. Tebbutt, Western Environmental Law Center, Eugene Oregon and Jack Silver, Law Offices of Jack Silver, Santa Rosa, CA, for the appellee.