United States Ninth Circuit
California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., 11-16959
The district court's dismissal of plaintiff's citizen suit under the Clean Water Act alleging that defendants violated a National Pollutant Discharge Elimination System permit governing industrial storm water discharges at their scrap metal recycling facilities, is reversed and remanded, where: 1) 33 U.S.C. section 1365(b)(1)(B) did not bar the plaintiff's claims even though a district attorney had filed prior criminal and civil actions against the defendants; and 2) section 1319(g)(6)(A)(ii) also did not bar the plaintiff's claims because the state had commenced no administrative penalty action comparable to one under the Clean Water Act.
Appellate Information
- Decided 07/22/2013
- Published 07/22/2013
Judges
- GRABER
Court
- United States Ninth Circuit