United States v. HVI Cat Canyon, Inc.

ORDER Re: PENDING MOTION

Having reviewed and considered all the briefing filed with respect to defendant’s Motion for Partial Summary Judgment (“Motion”) (Dkt. 92), the court concludes that oral argument is not necessary to resolve the Motion, see Fed. R. Civ. P. 78; Local Rule 7-15; Willis v. Pac. Mar. Ass’n, 244 F.3d 675 , 684 n. 2 (9th Cir. 2001), and concludes as follows.

*1253 BACKGROUND

This case arises out of a series of oil spills that occurred between 2005 and 2010. On June 17, 2011, plaintiffs United States of America (the “Government”), and the People of the State of California (“State”), ex rel. California Department of Fish and Wildlife (“CDFW”) and the California Regional Water Quality Control Board, Central Coast Region (“Regional Board” and together with the Government and CDFW, “plaintiffs”), filed a Complaint against HVI Cat Canyon, Inc., f/k/a Greka Oil & Gas, Inc. (“defendant” or “HVI”) asserting claims for: (1) violations of § 311 of the Clean Water Act (the “CWA”), 33 U.S.C. § 1321 (b); (2) violations of § 301 of the CWA, 33 U.S.C. § 1311 (a); (3) failure to prepare and implement and/or maintain Spill Prevention, Control, and Countermeasure Plans as…