San Francisco Baykeeper v. Sunnyvale

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SAN FRANCISCO BAYKEEPER,

Case No. 5:20-cv-00824-EJD Plaintiff, ORDER DENYING MOTION TO v. DISMISS

CITY OF SUNNYVALE, RE: DKT. NO.

10 Defendant.

Plaintiff San Francisco Baykeeper (“Baykeeper”) initiated this suit against Defendant City of Sunnyvale (“Sunnyvale” or “the City”) under the citizen suit enforcement provisions of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (“Clean Water Act” or “CWA”), to address the allegedly unlawful discharge of bacteria pollution by Sunnyvale from the City’s municipal separate storm sewer system. First Amended Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”), Dkt. No. 19. Baykeeper alleges that Sunnyvale’s repeated and ongoing unlawful discharges have adversely affected the water quality and beneficial uses of local waterways. Id. ¶1. The City moves to…