INLAND EMPIRE WATERKEEPER v. CORONA CLAY CO.

Nos. 20-55420 20-55678.

13 F.4th 917 (2021)

INLAND EMPIRE WATERKEEPER, a project of Orange County Coastkeeper; Orange County Coastkeeper, a California non-profit corporation, Plaintiffs-Appellants/Cross-Appellees, v. CORONA CLAY CO., a California Corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2021.


Attorney(s) appearing for the Case

Christopher Sproul (argued), Environmental Advocates, San Francisco, California; Sarah Spinuzzi , Orange County Coastkeeper, Inland Empire Waterkeeper, Costa Mesa, California; Jennifer F. Novak , Law Office of Jennifer F. Novak, Rancho Palos Verdes, California; for Plaintiffs-Appellants/Cross-Appellees.

Brian Neach (argued), Pacheco & Neach P.C., Irvine, California, for Defendant-Appellee/Cross-Appellant.

Robert W. Byrne , Senior Assistant Attorney General; Eric M. Katz , Supervising Deputy Attorney General; Carol A. Z. Boyd , Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Amicus Curiae California State Water Resources Control Board.

Anthony L. François , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Chantell and Michael Sackett, Duarte Nursery Inc., John Duarte, and Roger J. LaPant Jr.

Dissent by Judge Collins.


OPINION

In this Clean Water Act ("CWA") citizen suit, the plaintiffs alleged that Corona Clay Company illegally discharged pollutants into the navigable waters of the United States, failed to monitor that discharge as required by its permit, and violated the conditions...

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