California Sportfishing Protection Alliance v. Shiloh Group, LLC
Opinion
Lead Opinion
Ryu, J.
ORDER RE DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
Plaintiff California Sportfishing Protection Alliance (“Plaintiff’), a non-profit environmental organization, filed this citizen suit against Defendants The Shiloh Group, LLC (“TSG”) and Thomas Nelson (“Nel-_son”) (collectively “Defendants”) seeking to enforce the Clean Water Act (“CWA”). According to Plaintiff, Defendants own and operate a large industrial park that unlawfully discharges polluted storm water associated with industrial activities in violation of the CWA.
Defendants now move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Motion to Dismiss (“MTD”) [Docket No. 8], Plaintiff opposes the motion to dismiss, and also moves for leave to file a First Amended Complaint (“FAC") pursuant to Federal Rule of Civil Procedure 15. Motion to Amend (“MTA”) [Docket No. 29]. Having considered the parties’ submissions as well as oral argument* and for the reasons stated below, the court DENIES Defendants’ motion to dismiss, and GRANTS Plaintiffs motion to amend.