San Francisco Baykeeper v. U.S. Environmental Protection Agency

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO BAYKEEPER, SAVE

THE BAY, COMMITTEE FOR GREEN

FOOTHILLS, CITIZENS’ COMMITTEE No. C 19-05941 WHA (lead case) TO COMPLETE THE REFUGE, and STATE OF CALIFORNIA, ATTORNEY Consolidated with:

GENERAL,

13 Plaintiffs, No. C 19-05943 WHA 14 v.

U. S. ENVIRONMENTAL PROTECTION AMENDED ORDER RE CROSS-

AGENCY AND ITS ADMINISTRATOR, MOTIONS FOR SUMMARY

JUDGMENT AND PLAINTIFFS’

Defendants. MOTION TO SUPPLEMENT ____________________________________ ADMINISTRATIVE RECORD

REDWOOD CITY PLANT SITE, LLC,

19 Intervenor-Defendant.

21 INTRODUCTION In these challenges to a jurisdictional determination under the Clean Water Act, this order finds that the agency misapplied the law of our circuit. STATEMENT Plaintiffs San Francisco Baykeeper, Save the Bay, Committee for Green Foothills, Citizens’ Committee to Complete the Refuge, and the State of California challenge a that found no jurisdictional waters…