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NATURAL RESOURCES DEFENSE v. SOUTHWEST MARINE

Nos. 99-56532, 99-56545.

236 F.3d 985 (2000)

NATURAL RESOURCES DEFENSE COUNCIL; San Diego Baykeeper, Kenneth J. Moser, Plaintiffs-Appellees, v. SOUTHWEST MARINE, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 19, 2000.

Attorney(s) appearing for the Case

David L. Mulliken and Dorn G. Bishop, Latham & Watkins, San Diego, California, for the defendant-appellant.

Charles S. Crandall, San Luis Obispo, California, Everett L. DeLano III, Law Offices of Everett L. DeLano III, San Marcos, California, John M. Barth, Attorney at Law, Hygiene, Colorado, Scott H. Peters, Peters & Varco, LLP, San Diego, California, Joel R. Reynolds, Natural Resources Defense Council, Los Angeles, California, for the plaintiffs-appellees.

Eric L. Gerner, Best Best & Krieger LLP, Riverside, California, for amicus curiae.

Before: ALEX KOZINSKI, SUSAN P. GRABER, and RAYMOND C. FISHER, Circuit Judges.

Argued and Submitted August 10, 2000 — Pasadena, California

GRABER, Circuit Judge:

Defendant Southwest Marine, Inc., appeals from the district court's judgment for Plaintiffs Natural Resources Defense Council (NRDC), San Diego Baykeeper, and Kenneth J. Moser, in their citizen enforcement action under § 505(a) of the Clean Water Act (CWA), 33 U.S.C. § 1365(a). In response to Defendant's challenge, we hold: Plaintiffs have standing to bring...

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