Ecological Rights Foundation v. City of Eureka
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ECOLOGICAL RIGHTS FOUNDATION, Case No. 22-cv-01459-JST
Plaintiff,
ORDER GRANTING DEFENDANT
v. CITY OF EUREKA'S MOTION TO
MODIFY CONSENT DECREE
CITY OF EUREKA, Re: ECF No. 42 Defendant.
12 Before the Court is Defendant City of Eureka’s (“City”) motion to modify consent decree. ECF No. 42. The Court will grant the motion. I. BACKGROUND The underlying facts and procedural history are not in dispute, and the Court takes the following summary from the parties’ briefs. The City operates the Elk River Wastewater Treatment Plant (“WWTP”) under a Clean Water Act (“CWA”) Permit issued by the California Regional Water Quality Control Board, North Coast Region (“Regional Board”). Plaintiff Ecological Rights Foundation (“EcoRights”) filed this action in March 2022, alleging that the City’s operation of the WWTP violated the CWA. ECF No. 1. The parties participated in mediation on September 2, 2022 and reached an agreement in…