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SAN FRANCISCO BAYKEEPER, INC. v. MOORE

No. CIV.S00-0334-WBS/DAD.

180 F.Supp.2d 1116 (2001)

SAN FRANCISCO BAYKEEPER, INC., Bill Jennings, Plaintiffs, v. Carlton D. MOORE, in his official capacity as Director of the California Department of Boating and Waterways; California Department of Boating and Waterways, Defendants.

United States District Court, E.D. California.

January 22, 2001.

Attorney(s) appearing for the Case

Ellison Folk, Shute Mihaly and Weinberger, San Francisco, CA, for plaintiffs.

William D. Cunningham, Attorney General's Office of the State of California, Sacramento, CA, for defendants.

MEMORANDUM AND ORDER

SHUBB, Chief Judge.

Plaintiff San Francisco Baykeeper, Inc. ("Baykeeper"), also known as Waterkeepers Northern California, sues defendant California Department of Boating and Waterways ("DBW") pursuant to the citizen's enforcement provision of the Federal Water Pollution Control Act (the "Clean Water Act" or "CWA"), 33 U.S.C. §§ 1251 et seq.; 33 U.S.C. § 1365. Plaintiffs move for summary judgment.

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