MEMORANDUM OF OPINION AND ORDER
LEVI, District Judge.
Plaintiff San Francisco Baykeeper ("Baykeeper") brings suit against Vallejo Sanitation and Flood Control District (the "District"), asserting violations of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387. Relying on certain language in the Supreme Court's recent decision in Steel Company v. Citizens for a Better Environment,
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