Pace

Pace v. Bonham

Good Law

5 F. Supp. 3d 1127·2013 WL 5945799·77 ERC (BNA) 2150·2013 U.S. Dist. LEXIS 157842

United States District Court, Northern District of CaliforniaNovember 4, 2013Case No. 12-cv-05610-WHOCalifornia1,838 words

Opinion

Lead Opinion

Orrick, J.

*1128 ORDER DISMISSING SECOND AMENDED COMPLAINT (REVISED)

Re: Dkt. Nos. 45,

Currently before the Court, pursuant to the parties’ stipulation dated October 29, 2013 and the Court’s modified order thereon (Docket No. 66), is defendants’ Motion to Dismiss plaintiffs’ Second Amended Complaint (Revised), Docket No. 67. For the reasons discussed below, the Court GRANTS defendants’ motion to dismiss and DISMISSES the Second Amended Complaint (Revised) WITH PREJUDICE.

BACKGROUND

Plaintiffs in this Clean Water Act case allege that defendants Charlton H. Bon-ham and Stafford Lehr (representatives of the California Department of Fish and Wildlife (“Department”)) violate the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., by releasing fish into waters of the United States without necessary permits. See SAC ¶ 1. Specifically, plaintiffs contend that when the Department releases native and non-native fish into lakes in California for purposes of stocking the lakes it is discharging “biological materials” that are “pollutants” under the CWA, § 1362(6). SAC ¶¶ 9, 13, 18. Plaintiffs allege that release of the fish harms the biological integrity and “food webs” of the lakes by altering…

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