San Francisco Baykeeper v. Levin Enterprises, Inc.

ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES’ CROSS-MOTIONS FOR SUMMARY ADJUDICATION

I. Introduction

This case arises under the Clean Water Act (“CWA”), 33 U.S.C. §§ 1251 et seq. Plaintiff San Francisco Baykeeper, an environmental advocacy group, alleges that Defendants Levin Enterprises, Inc. (“LEI”),' and Levin-Richmond Terminal Corporation (“LRTC”), which operate a marine bulk terminal (“the Levin Facility”) on the Lauritzen Canal and the Santa Fe *1211 Channel of San Francisco Bay, have violated the CWA and their permit to discharge storm water under the National Pollutant Discharge Elimination System (“NPDES”). Plaintiff has moved for partial summary judgment on two of Defendants’ affirmative defenses. Plaintiff argues that its notice-of-intent-to-sue letter was adequate, and that Defendants must have — and do have — permit coverage for all their activities at the terminal. Defendants filed a cross-motion for summary judgment as to all of Plaintiffs claims based on the inadequacy of the notice of intent to sue, and for summary judgment as to most of Plaintiffs claims based on their contention that no permit is required for most of the activities at the Levin…