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SAN FRANCISCO BAYKEEPER v. U. S. ENVTL. PROTECTION

No. C 19-05941 WHA (lead case) Consolidated with: No. C 19-05943 WHA.

492 F.Supp.3d 1030 (2020)

SAN FRANCISCO BAYKEEPER, Save the Bay, Committee for Green Foothills, Citizens' Committee to Complete the Refuge, and State of California, Attorney General, Plaintiffs, v. U. S. ENVIRONMENTAL PROTECTION AGENCY and Its Administrator, Defendants. Redwood City Plant Site, LLC, Intervenor-Defendant.

United States District Court, N.D. California.

Signed October 5, 2020.

Attorney(s) appearing for the Case

Tatiana Koleva Gaur , George Matthew Torgun , Office of the Attorney General, Los Angeles, CA, for Plaintiff State of California.

Deidre G. Duncan , Pro Hac Vice, Karma Barsam Brown , Pro Hac Vice, Hunton Andrews Kurth LLP, Washington, DC, Tom Joel Boer , Hunton & Williams LLP, San Francisco, CA, for Intervenor-Defendant.

Andrew J. Doyle , United States Department of Justice, Washington, DC, for Defendants.

AMENDED ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT AND PLAINTIFFS' MOTION TO SUPPLEMENT ADMINISTRATIVE RECORD

INTRODUCTION

In these challenges to a jurisdictional determination under the Clean Water Act, this order finds that the agency misapplied the law of our circuit.

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