Friends of Frederick Seig Grove 94 v. Sonoma County Water Agency

ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS

Now before the Court are the defendants’ motions to dismiss the plaintiffs complaint pursuant to Federal Rules of CM Procedure 12(b)(1) and 12(b)(6). Having considered the parties’ papers and with the benefit of oral argument on December 8, 2000, the defendants’ Rule 12(b)(1) motion is GRANTED IN PART, DENIED IN PART, and taken under submission in part, and the defendants’ Rule 12(b)(6) motion is DENIED. The Court also orders the parties to proceed with this litigation as described at the end of this order.

BACKGROUND

The present dispute involves a wastewa-ter treatment plant (“the treatment plant” or simply “the plant”) located in the unincorporated community of Occidental in So-noma County. The defendant Occidental County Sanitation District (“OCSD”) is the owner of the treatment plant; the defendant Sonoma County Water Agency (“SCWA”) operates the treatment plant under a contract between the defendants. The plaintiff Friends of Frederick Seig Grove # 94 (“Friends”) is an unincorporated nonprofit public interest group that contends that the defendants have violated the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., in their…