Waterkeepers Northern California v. AG Industrial Manufacturing Inc.
Opinion
Lead Opinion
Fletcher, J.
Plaintiffs WaterKeepers Northern California and Bill Jennings (collectively, “WaterKeepers”) appeal the district court’s dismissal of their Clean Water Act suit for lack of jurisdiction. Defendants AG Industrial Manufacturing and Claude E. Brown (collectively, “AG Industrial”) cross-appeal the district court’s denial of their motion as prevailing parties for attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse the district court’s dismissal in part, affirm in part, and affirm the district court’s denial of attorney’s fees.
I.
WaterKeepers Northern California is a non-profit corporation dedicated to protecting wildlife and preserving natural resources in the San Francisco Bay and the Sacramento-San Joaquin Delta (“the Delta”). Bill Jennings is the director of Del- *915 taKeeper, a WaterKeepers Northern California project focused specifically on the Delta. AG Industrial Manufacturing is a California company that produces farm machinery and equipment for the wine grape industry. The company was formed in 1980 and now employs approximately forty people at its Lodi facility. Claude E. Brown is the company’s CEO and one of its two shareholders.