CA Open Lands v. Butte County Dept. of Public Works
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
8 FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 CALIFORNIA OPEN LANDS, No. 2:20-cv-00123-DJC-DMC
11 Plaintiff, v.
12 ORDER RE SUPPLEMENTAL BRIEFING
BUTTE COUNTY DEPARTMENT OF
13 PUBLIC WORKS, DENNIS SCHMIDT, and ERIC MILLER,
14 Defendants.
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17 Pending before the Court is Plaintiff’s Motion for Partial Summary Judgment on
18 its claims that Defendants (1) discharged contaminated storm water from their waste
19 management facility (“Facility”) in 2019, (2) failed to develop and implement an
20 adequate Storm Water Pollution Prevention Plan, and (3) failed to develop and
21 implement an adequate Monitoring Implementation Plan (“MIP”), all in violation of the
22 Clean Water Act, 33 U.S.C. §§ 1251 et seq., and California’s National Pollution 23 Discharge Elimination System permit applicable to all industrial storm water 24 dischargers (“General Permit”). (ECF No. 91.) The Court held a hearing on this Motion 25 on February 29, 2024. (ECF No. 98.) 26 Concerning Plaintiff’s MIP claim, Plaintiff argues, in…