Eden Environmental Citizen's Group, LLC v. American Custom Marble, Inc.

Good Law
United States District Court, Northern District of CaliforniaFebruary 13, 20203:19-cv-03424California5,619 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EDEN ENVIRONMENTAL CITIZEN'S Case No. 19-cv-03424-EMC

GROUP, LLC,

8 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ v. MOTION TO DISMISS 10 AMERICAN CUSTOM MARBLE, INC., et Docket No. 50 al.,

Defendants.

13 I. INTRODUCTION Plaintiff, Eden Environmental Citizen’s Group, LLC (“Eden” or “Plaintiff”), brings a citizen suit under the Federal Water Pollution Control Act, also known as the Clean Water Act (“CWA”), 33 U.S.C. §§ 1251 et seq. Eden seeks various forms of relief—including injunctive relief, declaratory relief, civil penalties, and remediation—against Defendants American Custom Marble, Inc., a California corporation (“ACM”) and Patricia A. Sharp (“Ms. Sharp”), the corporation’s legal secretary (collectively “Defendants”), for violations of the National Pollutant Discharge Elimination System (“NPDES”) permit requirements of the CWA. II.…

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