Oppenheimer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NEVADA IRRIGATION DISTRICT, No. 2:21-cv-00851-DJC-CKD Plaintiff, v. ORDER

EILEEN SOBECK, in her official capacity as Executive Director of the California State Water Resources Control Board, et al., 16 Defendants.

18 Plaintiff brings this suit to challenge Defendants’ issuance of a 401certificate pursuant to the Clean Water Act. Presently before the Court is Defendants’ Motion to Dismiss Plaintiff’s Complaint1 on the grounds that this Court lacks jurisdiction to hear Plaintiff’s claims because the claims are not ripe, because Plaintiff lacks Article III standing, and because the Eleventh Amendment immunizes Defendants from suit in federal court. For the reasons discussed below, Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART. 26 1 In the same Motion, Defendants requested that the Court stay this case in the alternative. As the Court previously granted a subsequent Motion to Stay, and recently lifted the stay after the…