Citizens for a Better Environment-California v. Union Oil Co. of California

This case arises under the federal Water Pollution Control Act (the “Clean Water Act”), 38 U.S.C. § 1251 , et seq. The Appel-lees, Citizens for a Better Environment, et al. (“CBE”), brought this action in the federal district court for the Northern District of California pursuant to the citizen suit provision of that Act, 33 U.S.C. § 1365 . In the Complaint, CBE asserted a claim for violations of the Clean Water Act effluent standards, a claim for violations of Clean Water Act water quality standards, and a state law claim. Although the district court granted the motion of the Appellant, Union Oil Company of California (“UNOCAL”), to dismiss as to the water quality standards claim, the district court denied UNOCAL’s motion to dismiss, premised on 33 U.S.C. § 1319 (g)(6)(A)(ii) and (iii), as to the effluent standards claim and the dependent state law claim. The district court certified its order denying UNOCAL’s motion to dismiss for immediate appeal pursuant to 28 U.S.C. § 1292 (b).

I.

The Clean Water Act regulates the discharge of pollutants into navigable waters. The Act prohibits all discharge of pollutants except inasmuch as one of several enumerated statutory exceptions…