San Diego Coastkeeper v. Pavement Recycling Systems, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SAN DIEGO COASTKEEPER, et al., Case No. 21-cv-01138-BAS-BLM
Plaintiffs,
ORDER GRANTING PARTIES
v. JOINT MOTION TO DISMISS (ECF No. 11) PAVEMENT RECYCLING SYSTEMS,
INC.,
15 Defendant.
17 Before the Court is the parties’ joint motion to dismiss this action pursuant to Federal 18 Rule of Civil Procedure (“Rule”) 41(a)(2). (Mot., ECF No. 11.) Plaintiffs San Diego 19 Coastkeeper and the Coastal Environmental Rights Foundation brought this action against 20 Defendant Pavement Recycling Systems, Inc. on June 21, 2021 pursuant to the citizen suit 21 enforcement provision of the Federal Water Pollution Act (“Clean Water Act”), 33 U.S.C. 22 §§ 1251 et seq. (Compl., ECF No. 1.) Plaintiffs alleged that Defendant: (1) owns and 23 operates a facility from which it “discharged and continues to discharge polluted 24 stormwater” in violation of the Clean Water Act and (2) “violated and continues to violate 25 the filing, monitoring, reporting, discharge and management practice…