THIEBAUT v. COLORADO SPRINGS UTILITIES
BILL THIEBAUT, in his official capacity as District Attorney for the Tenth Judicial District, Colorado; OFFICE OF THE DISTRICT ATTORNEY FOR THE TENTH JUDICIAL DISTRICT, COLORADO; PEOPLE OF THE STATE OF COLORADO, Plaintiffs-Appellants,
SIERRA CLUB, Plaintiff,
COLORADO SPRINGS UTILITIES, an enterprise of the City of Colorado Springs; CITY OF COLORADO SPRINGS, a municipal corporation, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.
October 12, 2011.
Before KELLY, SILER† and MATHESON, Circuit Judges.
SCOTT M. MATHESON Jr., Circuit Judge.
In 2005, Bill Thiebaut—the District Attorney for the Tenth Judicial District of Colorado—filed a lawsuit pursuant to section 1365(a) of the Clean Water Act ("CWA") against the City of Colorado Springs (the "City"). Mr. Thiebaut named three plaintiffs: (1) himself, in his official capacity as District Attorney, (2) the Office of the District Attorney for the Tenth Judicial District of Colorado, and (3) the People of the State of Colorado (collectively "Mr. Thiebaut").1 Mr. Thiebaut sought injunctive relief and civil penalties against the City for its alleged discharge of pollutants into a creek in violation of the CWA.
The district court granted the City's motion for summary judgment, concluding Mr. Thiebaut lacked standing to bring his claims. Mr. Thiebaut has appealed that ruling. We hold that Mr. Thiebaut lacks standing and affirm the district court's grant of summary judgment in favor of the City.I. BACKGROUND
Because this appeal is from a grant of summary judgment in favor of the City, we recite the following facts in the light most favorable to the nonmoving party, Mr. Thiebaut. See Fredericks v. Jonsson, 609 F.3d 1096, 1097 (10th Cir. 2010).