No. 10-56017.

636 F.3d 1235 (2011)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Santa Monica Baykeeper, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES; Los Angeles County Flood Control District; Michael Antonovich, in his official capacity as Supervisor; Yvonne Burke, in her official capacity as Supervisor; Gloria Molina, in her official capacity as Supervisor; Zev Yaroslavsky, in his official capacity as Supervisor; Dean D. Efstathiou, in his official capacity as Acting Director of Los Angeles County Department of Public Works; Don Knabe, in his official capacity as Supervisor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2011.

Attorney(s) appearing for the Case

Aaron Colangelo, Esquire , Natural Resources Defense Council, Washington, D.C.; Daniel Cooper, Esquire , Lawyers for Clean Water, San Francisco, CA, for plaintiffs-appellants Natural Resources Defense Council, Inc. and Santa Monica Baykeeper.

Andrea Sheridan Ordin, Esquire , Judith A. Fries, Esquire , Laurie Dods, Esquire , Los Angeles County Department of County Counsel, Los Angeles, CA; Howard Gest, Esq. , David W. Burhenn, Esq. , Burhenn & Gest LLP, Los Angeles, CA, for defendants-appellees County of Los Angeles, et al.

Before: HARRY PREGERSON, and MILAN D. SMITH, JR., Circuit Judges, and H. RUSSEL HOLLAND, Senior District Judge.


M. SMITH, Circuit Judge:

Plaintiffs-Appellants Natural Resources Defense Council and Santa Monica Baykeeper appeal the district court's grant of summary judgment in favor of two municipal entities that Plaintiffs allege are discharging polluted stormwater in violation of the Federal Water Pollution Control Act (the Clean Water Act, Act, or CWA), 86 Stat. 816, codified as amended at 33 U.S.C. § 1251 et seq. Plaintiffs contend that Defendants...


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