Clarke

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAN CLARKE, Case No. 20-cv-04629-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS CLEAN WATER ACT

CLAIM

PACIFIC GAS & ELECTRIC COMPANY, et al., Re: Dkt. No. 38 11 Defendants.

12 Defendants Pacific Gas and Electric Company and PG&E Corporation (collectively “PG&E”) move to dismiss plaintiff Dan Clarke’s Clean Water Act (“CWA”) cause of action on the grounds that it is barred by the statute of limitations and is insufficiently pleaded to establish subject matter jurisdiction. But in Clarke’s First Amended Complaint (“FAC”) [Dkt. No. 28], he sufficiently alleges the mechanisms by which repeated and discrete discharges from the Cannery manufactured gas plant (“Cannery MGP”) have occurred and will likely occur periodically in the future. Although PG&E argues that the series of discharges amount to one CWA violation that first accrued decades ago while the Cannery MGP was operational, given the allegations in the 21…