Sierra Club, a California Non-Profit Corporation v. Union Oil Company of California, a California Corporation

In Union Oil Co. v. Sierra Club, — U.S. -, 108 S.Ct. 1102 , 99 L.Ed.2d 264 (1988), the Supreme Court vacated our opinion in Sierra Club v. Union Oil Co., 813 F.2d 1480 (9th Cir.1987), and remanded the matter for further consideration in light of Gwaltney v. Chesapeake Bay Foundation, — U.S. -, 108 S.Ct. 376 , 98 L.Ed.2d 306 (1987). On remand, the parties filed three motions: (1) Sierra Club moved to reinstate our judgment; (2) Union Oil moved to remand the entire matter to the district court; and (3) Sierra Club asked this court to take judicial notice of certain public documents. We grant Sierra Club’s motion for reinstatement. We deny Union Oil’s motion for remand and Sierra Club’s request for judicial notice.

This case began when Sierra Club brought a citizen enforcement action under section 505(a) of the Clean Water Act, 33 U.S.C. § 1365 (a), against Union Oil for violations of Union Oil’s National Pollutant Discharge Elimination System (NPDES) permit. In the complaint, Sierra Club sought injunctive relief and the imposition of civil penalties. Sierra Club alleged seventy-six specific permit violations during the period 1979 to 1983. Later, Sierra Club sought to amend its…