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NATURAL RESOURCES DEFENSE COUNCIL v. SOUTHWEST MARINE

No. 96 CV 1492-B (AJB).

28 F.Supp.2d 584 (1998)

NATURAL RESOURCES DEFENSE COUNCIL; San Diego Baykeeper; Kenneth J. Moser, Plaintiffs, v. SOUTHWEST MARINE, INC., Defendant.

United States District Court, S.D. California.

November 20, 1998.

Attorney(s) appearing for the Case

Charles S. Crandall, Stephen R. Rubin, Everett L. DeLano, Scott H. Peters, San Diego, CA, Joel R. Reynolds, Los Angeles, CA, for plaintiffs.

Steven P. McDonald, Edward Patrick Swann, Jr., Lloyd A. Schwartz, San Diego, CA, for defendant.

OPINION AND ORDER DENYING MOTION TO PRECLUDE CIVIL PENALTIES

BREWSTER, Senior District Judge.

I. Introduction

The question before this Court is whether Plaintiffs, two environmental organizations and a private individual, have standing to seek civil monetary penalties against Defendant, a private shipyard, under the Clean Water Act. Two recent cases suggest that plaintiffs in citizen suits do not have standing to seek civil penalties against alleged...

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