Nrdc
Natural Resources Defense Council, Inc. v. County of Los Angeles
Opinion
Opinion
Smith, J.
Plaintiffs-Appellants Natural Resources Defense Council and Santa Monica Bay-keeper (collectively, the Plaintiffs) filed suit against the County of Los Angeles and the Los Angeles County Flood Control District (collectively, the County Defendants) alleging that the County Defendants are discharging polluted stormwater in violation of the terms of their National Pollutant Discharge Elimination System (NPDES) permit, issued pursuant to the Federal Water Pollution Control Act (the Clean Water Act, Act, or CWA), 86 Stat. 816 , codified as amended at 33 U.S.C. §§ 1251 , et seq. The district court granted the County Defendants’ motion for summary judgment, reasoning that Plaintiffs failed to prove that any individual defendant had discharged pollutants in violation of the Clean Water Act, where Plaintiffs’ only evidence of violations was monitoring data taken downstream of the County Defendants’ (and others’) discharge points, as opposed to data sampled at the relevant discharge points themselves. On appeal, we affirmed the district court’s judgment in part and reversed in part. Natural Res. Def. Council, Inc. v. Cnty. of L.A., 673 F.3d 880 (9th Cir.2011). On January 8, 2013,…