California Sportfishing Protection Alliance v. Diablo Grande, Inc.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

California Sportfishing Protection Alliance (“Plaintiff’ or “CSPA”) sues Diablo Grande, Inc. (“Defendant” or “Diablo Grande”), under the Clean Water Act, 33 U.S.C. § 1365 , for violations of California’s National Pollutant Discharge Elimination System (“NPDES”), General Permit No. CA000002,- the General Permit for Storm Water Discharges Associated with Construction Activity (the “General Permit”). See Complaint. Defendant moves for summary judgment on the grounds that Plaintiff lacks standing; the only alleged violation of the Clean Water Act (the “Act”) had been resolved at the time this action was filed; Plaintiff has never identified where, when or how Defendant allegedly discharged a pollutant into navigable waters; and Plaintiff has not identified how Defendant continues to violate the General Permit. See Docs.42, 43. Plaintiff coun-termoves for partial summary judgment on the issues of standing, Salado Creek as a navigable water of the United States, and subject matter jurisdiction. See Doc.61. Oral argument was heard on January 18, 2002.

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