Nrdc

Natural Resources Defense Council v. County of Los Angeles

Good Law
840 F.3d 1098·2016 WL 6407422·2016 U.S. App. LEXIS 19541
United States Court of Appeals for the Ninth CircuitOctober 31, 201615-55562California3,747 words

Opinion

Opinion

Smith, J.

Plaintiffs-Appellants Natural Resources Defense Council and Santa Monica Bay-keeper (collectively, the Plaintiffs) file this interlocutory appeal .from the district court’s dismissal of their- claims for injunc-tive relief as moot. We hold that we have jurisdiction over this appeal pursuant to 28 U.S.C. § 1292 (a)(1), and that the Plaintiffs’ claims for injunctive relief are-not moot.

FACTUAL AND PROCEDURAL BACKGROUND

In 2008, the Plaintiffs filed suit against the County of Los Angeles and the Los Angeles County Flood Control District (collectively, the County Defendants) alleging that the County Defendants were discharging polluted stormwater in violation of the terms of their National Pollutant Discharge Elimination System (NPDES) permit, issued pursuant to the Federal Water Pollution Control Act (the Clean Water Act), 86 Stat. 816 , codified as amended at 33 U.S.C. §§ 1251 , et seq. In 2013, we held that as a matter of law, the County Defendants had violated their permit because their monitoring stations recorded levels of pollution that exceeded the receiving water limitations in the 2001 Permit. Nat. Res. Def. Council, Inc. v. Cnty. of Los Angeles, 725 F.3d 1194,…

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