Citizens for a Better Environment-California v. Union Oil Co.

MEMORANDUM OPINION AND ORDER

The two above-captioned related cases are identical citizen suits brought by non-governmental environmental conservation organizations against defendant oil companies. The suits challenge each defendant’s discharge into portions of the San Francisco Bay of waste water containing the chemical selenium from oil refineries owned by each defendant located in the San Francisco Bay area. The first suit is brought against defendant Union Oil Company of California (“Unocal”) and concerns Unocal’s refinery at Rodeo, California, which discharges waste water containing selenium into the San Pablo Bay. The second is against the Exxon Corporation (“Exxon”) and concerns Exxon’s refinery at Benicia, California, which discharges selenium into Suisan Bay. Plaintiffs allege that the selenium levels in the effluent discharged from Unocal and Exxon’s refineries violate the federal Water Pollution Control Act (“Clean Water Act” or “Act”), 33 U.S.C. § 1251 et seq.

Defendants Unocal and Exxon have moved to dismiss the suits on several grounds. In addition, Exxon has moved that the suit against it be dismissed on the ground that venue over that ease properly lies in the…