DUARTE NURSERY, INC., et al., Plaintiffs,
v.
UNITED STATES ARMY CORPS OF ENGINEERS, et. al, Defendants.
United States District Court, E.D. California.https://leagle.com/images/logo.png
June 23, 2017.
June 23, 2017.
Editors Note
Applicable Law: 33 U.S.C. § 1319
Cause: 33 U.S.C. § 1319 Clean Water Act
Nature of Suit: 440 Civil Rights: Other Source: PACER
Attorney(s) appearing for the Case
Duarte Nursury, Inc., Plaintiff, represented by Anthony L. Francois, Pacific Legal Foundation.
Duarte Nursury, Inc., Plaintiff, represented by M. Reed Hopper, Pacific Legal Foundation, Damien Michael Schiff, Pacific Legal Foundation, David M. Ivester, Briscoe Ivester & Bazel, LLP, Gerald E. Brunn, Law Offices of Brunn & Flynn, Max Rene Rollens, Briscoe Ivester & Bazel LLP & Peter Prows, Briscoe Ivester & Bazel Llp.
John Duarte, Plaintiff, represented by Anthony L. Francois, Pacific Legal Foundation, M. Reed Hopper, Pacific Legal Foundation, Damien Michael Schiff, Pacific Legal Foundation, David M. Ivester, Briscoe Ivester & Bazel, LLP, Gerald E. Brunn, Law Offices of Brunn & Flynn, Max Rene Rollens, Briscoe Ivester & Bazel LLP & Peter Prows, Briscoe Ivester & Bazel Llp.
United States Army Corps of Engineers, Defendant, represented by Andrew J. Doyle, United States Department of Justice, Gregory T. Broderick, United States Attorney's Office, John Thomas H. Do, United States Department of Justice & Samara M. Spence, United States Department Of Justice.
Karl E. Longley, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Jennifer Lester Moffitt, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Jon Costantino, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Sandra O. Meraz, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Carmen Ramirez, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Robert Schneider, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
Pamela C. Creedon, Defendant, represented by Matthew J. Goldman, State Of California, Department Of Justice.
United States of America, Defendant, represented by Andrew J. Doyle, United States Department of Justice, Gregory T. Broderick, United States Attorney's Office, John Thomas H. Do, United States Department of Justice & Samara M. Spence, United States Department Of Justice.
Duarte Nursury, Inc., Counter Defendant, represented by David M. Ivester, Briscoe Ivester & Bazel, LLP, M. Reed Hopper, Pacific Legal Foundation, Max Rene Rollens, Briscoe Ivester & Bazel LLP, Peter Prows, Briscoe Ivester & Bazel Llp & Anthony L. Francois, Pacific Legal Foundation.
United States Army Corps of Engineers, Counter Claimant, represented by Andrew J. Doyle, United States Department of Justice, Gregory T. Broderick, United States Attorney's Office, John Thomas H. Do, United States Department of Justice & Samara M. Spence, United States Department Of Justice.
John Duarte, Counter Defendant, represented by David M. Ivester, Briscoe Ivester & Bazel, LLP, M. Reed Hopper, Pacific Legal Foundation, Max Rene Rollens, Briscoe Ivester & Bazel LLP, Peter Prows, Briscoe Ivester & Bazel Llp & Anthony L. Francois, Pacific Legal Foundation.
ORDER
KIMBERLY J. MUELLER, District Judge.
On May 10, 2017, this court found Duarte violated the Clean Water Act (CWA) by discharging pollutants into "waters of the United States" without a permit or statutory exemption. Order at 24-32, ECF No. 195. Finding the CWA to be a strict liability statute, the court concluded a bench trial was...
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