CA. SPORTFISHING PROTECTION v. CHICO SCRAP METAL

No. 11-16959.

728 F.3d 868 (2013)

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, Plaintiff-Appellant, v. CHICO SCRAP METAL, INC.; George Scott, Sr.; George Scott, Jr.; George W. Scott, Sr., Revocable Inter Vivos Trust, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 2013.


Attorney(s) appearing for the Case

Andrew L. Packard (argued) and Emily J. Brand , Law Offices of Andrew L. Packard, Petaluma, CA; Michael R. Lozeau , Lozeau Drury LLP, Oakland, CA, for Plaintiff-Appellant.

Therese Y. Cannata , Cannata, Ching & O'Toole LLP, San Francisco, CA, for Defendants-Appellees.

Harold M. Thomas , Special Deputy District Attorney, Office of Butte County District Attorney, Oroville, CA, for Amicus Curiae.

Before: SUSAN P. GRABER and MORGAN CHRISTEN, Circuit Judges, and JOHN R. TUNHEIM, District Judge.


OPINION

GRABER, Circuit Judge:

The Federal Water Pollution Control Act, or Clean Water Act ("the Act"), 33 U.S.C. § 1365(a)(1), allows a citizen to sue to enforce the Act's prohibition against discharging water pollutants without a National Pollutant Discharge Elimination System ("NPDES") permit. In this citizen suit, Plaintiff, California Sportfishing Protection Alliance, a conservationist organization, alleges that Defendants, Chico Scrap Metal, Inc...

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