City of Arcadia v. United States Environmental Protection Agency

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS, DENYING AS MOOT PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DISMISSING ACTION

Plaintiffs City of Arcadia and other California cities (collectively, “Plaintiffs”) bring this action against defendants United States Environmental Protection Agency (“EPA”), the EPA Administrator, and the EPA Region IX Administrator (collectively, “Defendants”) for injunctive and declaratory relief. The Natural Resources Defense Council, Santa Monica BayKeeper, and Heal the Bay (collectively, “Interve-nors”) have intervened as defendants.

Now before the Court are Defendants’ Motion to Dismiss Second Amended Complaint (the “Motion to Dismiss”), in which Intervenors join, and Plaintiffs’ Motion for Summary Adjudication of Issues (the “Motion for Partial Summary Judgment”). Having read and considered the papers submitted and. being fully informed, the Court GRANTS the Motion to Dismiss, DENIES AS MOOT the Motion for Partial Summary Judgment, and DISMISSES this action.

I. BACKGROUND

A. Statutory and Regulatory Background

1. Water Pollution Control Under the Clean Water Act

The Clean Water Act (“CWA”), 33 U.S.C. §§ 1251-1387 , utilizes two…