CA Open Lands v. Butte County Dept. of Public Works

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CALIFORNIA OPEN LANDS, No. 2:20-cv-00123-DJC-DMC

Plaintiff, v.

ORDER RE SUPPLEMENTAL BRIEFING

BUTTE COUNTY DEPARTMENT OF

PUBLIC WORKS, DENNIS SCHMIDT, and ERIC MILLER,

14 Defendants.

Pending before the Court is Plaintiff’s Motion for Partial Summary Judgment on

its claims that Defendants (1) discharged contaminated storm water from their waste

management facility (“Facility”) in 2019, (2) failed to develop and implement an

adequate Storm Water Pollution Prevention Plan, and (3) failed to develop and

implement an adequate Monitoring Implementation Plan (“MIP”), all in violation of the

Clean Water Act, 33 U.S.C. §§ 1251 et seq., and California’s National Pollution Discharge Elimination System permit applicable to all industrial storm water dischargers (“General Permit”). (ECF No. 91.) The Court held a hearing on this Motion on February 29, 2024. (ECF No. 98.) Concerning Plaintiff’s MIP claim, Plaintiff argues, in…