State of California v. United States Department of the Navy, Does One Through Ten

845 F.2d 222 27 ERC 1569 , 56 USLW 2652 , 18 Envtl. L. Rep. 20,863 STATE OF CALIFORNIA, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY, Does one through ten, Defendant-Appellee. No. 86-1972. United States Court of Appeals, Ninth Circuit. Argued April 14, 1987. Submitted April 6, 1988. Decided April 27, 1988. Roderick E. Walston, Allene C. Zanger, Deputy Attys. Gen., San Francisco, Cal., for the plaintiff-appellant. Robert L. Klarquist, J. Carol Williams, Dept. of Justice, Washington, D.C. for defendant-appellee. James Thornton, Natural Resources Defense Council, New York City, Michael Axline, John Bonine, Eugene, Or., for amicus curiae. Appeal from the United States District Court for the Northern District of California. Before CHOY, GOODWIN and TANG, Circuit Judges. CHOY, Circuit Judge: 1 The State of California ("California") brought this action against the United States Department of the Navy ("Navy") for alleged violations of a state water pollution discharge permit. The complaint alleges that the Navy violated the terms and conditions of its permit from October 1983 through July 1984 by discharging waste that was not properly treated into the San Francisco Bay.…