San Francisco Baykeeper v. Sunnyvale

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SAN FRANCISCO BAYKEEPER, Case No. 5:20-cv-00824-EJD

Plaintiff, FINAL PRETRIAL ORDER

v. Re: ECF Nos. 285, 286, 288, 290, 301, 302,

320, 321, 324, 326, 328, 331 CITY OF SUNNYVALE, et al., Defendants.

13 Plaintiff San Francisco Baykeeper filed a citizen suit against the Cities of Sunnyvale and Mountain View under the Clean Water Act. In its lawsuit, Baykeeper alleges that the Cities are violating two provisions in their National Pollutant Discharge Elimination System (NPDES) permit. First, Baykeeper alleges that the Cities are not “effectively prohibit[ing] the discharge of non-stormwater . . . into storm drain systems and watercourses” in violation of Discharge Prohibition A.1. ECF No. 84-1, Ex. 16 (2015 Permit) § A.1. Second, Baykeeper alleges that the Cities are “caus[ing] or contribut[ing] to a violation of any applicable water quality standard” in violation of Receiving Water…