United States v. HVI Cat Canyon, Inc.

Having reviewed and considered all the briefing filed with respect the Motion for Partial Summary Judgment, (Dkt. 252, "Motion"), filed by plaintiff United States of America (the "government"), the court finds 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.

INTRODUCTION

On February 28, 2013, plaintiffs United States of America, the State of California, ex rel. California Department of Fish and Wildlife and the California Central Coast Regional Water Quality Control Board, (collectively, "plaintiffs") filed the operative First Amended Complaint ("FAC") against HVI Cat Canyon, Inc., formerly known as 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 an Oil Pollution and Prevention program required under 40 C.F.R. Part 112; (4) failure to prepare and submit facility response plans in accordance with 40 C.F.R. § 112.20 ; (5)…