Inland Empire Waterkeeper v. Corona Clay Co.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

INLAND EMPIRE WATERKEEPER, a Nos. 20-55420 project of Orange County 20-55678 Coastkeeper; ORANGE COUNTY COASTKEEPER, a California non- D.C. No. profit corporation, 8:18-cv-00333- Plaintiffs-Appellants/ DOC-DFM Cross-Appellees,

v. OPINION

CORONA CLAY CO., a California Corporation, Defendant-Appellee/ Cross-Appellant.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted March 4, 2021 Pasadena, California

Filed September 20, 2021 Before: Eugene E. Siler, * Andrew D. Hurwitz, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Hurwitz; Dissent by Judge Collins

SUMMARY **

Environmental Law

The panel vacated the district court’s partial summary judgment in favor of plaintiffs and partial judgment after a jury trial in favor of defendants in a citizen suit under the Clean Water Act alleging that Corona Clay Company illegally discharged pollutants into the navigable waters of the United States, failed to…