McCarthy

Natural Resources Defense Council v. McCarthy

Good Law
231 F. Supp. 3d 491·2017 WL 491147·47 Envtl. L. Rep. (Envtl. Law Inst.) 20021·83 ERC (BNA) 2225·2017 U.S. Dist. LEXIS 17355
United States District Court, Northern District of CaliforniaFebruary 7, 2017Case No. 16-cv-02184-JSTCalifornia5,038 words

Opinion

Lead Opinion

Tigar, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

Re: ECF No.

Before the Court is Defendants’ motion to dismiss Plaintiffs’ complaint. The Court will deny the motion.

1. BACKGROUND

A. Factual History

This case concerns actions taken by the State of California following Governor Edmund G. Brown, Jr.’s January 17, 2014, Proclamation of a “State of Emergency” throughout California due to severe drought conditions. ECF No. 1-1 at 5. 2 In particular, the case focuses on the waters subject to the 1995 San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan (“Bay-Delta Plan”) and the Water Quality Control Plan for the Sacramento River Basin and San *494 Joaquin River Basin, 4th Edition (“Central Valley Plan”), which implement water quality standards 3 issued by the State Water Resources Control Board (SWRCB) and approved by the EPA. ECF No. 1 ¶¶ 1, 2, 4. A 2006 plan issued by the SWRCB updated the 1995 Plan without amending the water quality standards. Id ¶ 33. “After adopting the Bay-Delta [Plan], SWRCB allocated primary responsibility for meeting several of the standards to [the Federal Bureau of Reclamation (“Reclamation”) ] and [the California Department…

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