Moore

MEMORANDUM AND ORDER

Plaintiff San Francisco Baykeeper, Inc. (“Baykeeper”), also known as Waterkeep-ers Northern California, sues defendant California Department of Boating and Waterways (“DBW”) pursuant to the citizen’s enforcement provision of the Federal Water Pollution Control Act (the “Clean Water Act” or “CWA”), 33 U.S.C. §§ 1251 et seq.; 33 U.S.C. § 1365 . Plaintiffs move for summary judgment.

I. Factual Background

Baykeeper is a nonprofit corporation dedicated to the protection of the San Francisco Bay and Delta. Plaintiff Bill Jennings represents a Baykeeper project called “Deltakeeper,” which is based out of Stockton, California, and dedicated to the protection of the San Joaquin-Sacramento Delta.

Defendant DBW is the lead agency charged with implementing California’s water hyacinth and Egeria densa control program. See Cal. Harb. & Nav.Code § 64 (finding that the unprecedented accumulation of water hyacinth and Egeria obstructs navigation, impairs recreational use of waterways, “[has] the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems with the delta and marsh”). In accordance with the control…