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Two Final Opinions

Happy New Year everyone. Two stormwater cases made the final cut of CWA decisions for 2020. This last year was one for the record books. I'll be putting up my stats and year-end review for 2020 soon. The coming year will no less interesting as we watch the Biden administration reassess the pile of Trump administration policies and rule makings. Watch for big swings on just about everything.


Ecological Rights Foundation v. Hot Line Construction, Inc., 2020 WL 7773895 (C.D. Cal. 2020) (on motion to compel site visits, held that plaintiffs were entitled to three rounds of stormwater inspections up to four hours each at defendant’s facilities; rejected defense argument that multiple inspections were unduly burdensome; plaintiffs may videotape inspections, but not record audio)

San Francisco Baykeeper v. City of Sunnyvale, 2020 WL 7696078 (N.D. Cal. 2020) (denying motion to dismiss in case alleging multiple violations of MS4 permit and WQS, held that plaintiff’s 60-day notice, which included specifics on date and places of past and on-going violations was sufficient; plaintiffs alleged sufficient facts to prove violations of various permit conditions; court rejected application of primary jurisdiction doctrine where violations are being addressed by state regulator because the citizen suit provision of the CWA was “specifically designed to allows courts to ensure direct compliance with the Act’s requirements.”)



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