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NATURAL RESOURCES DEFENSE COUNCIL v. CAL. DOT

No. 94-56558.

96 F.3d 420 (1996)

NATURAL RESOURCES DEFENSE COUNCIL; Santa Monica Baykeeper, Inc.; Terry Tamminen, Plaintiffs-Appellees, v. CALIFORNIA DEPARTMENT OF TRANSPORTATION, Defendant, and James W. Van Loben SELS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1996.

Attorney(s) appearing for the Case

Glenn B. Mueller, State of California Department of Transportation, Los Angeles, California, for defendant-appellant.

Gail Ruderman Feuer, Mitchell S. Bernard, Nancy Marks, David S. Beckman, Natural Resources Defense Council, Los Angeles, California, for plaintiffs-appellees.

Before HALL, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

Opinion by Judge HALL; Concurrence by Judge O'SCANNLAIN.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This dispute is a citizen enforcement action brought pursuant to the citizens' suit provision of the Clean Water Act, 33 U.S.C. § 1365. Plaintiffs-Appellees1 filed suit against Defendants-Appellants, the California Department of Transportation ("Caltrans") and its director, James Van Loben Sels, claiming that Caltrans was not in compliance...

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