By Katherine J. Hart
In reversing the U.S. District Court, the U.S. Court of Appeal for the Ninth Circuit held in California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., ___ F.3d ___, 2013 U.S. App. LEXIS 14777 (9th Cir., No. 11-16959, July 22, 2013), that where the state of California had not brought either a court action to require compliance with the Clean Water Act (“CWA”), or commenced an administrative penalty action comparable to one under the CWA, neither 33 U.S.C. section 1365(b)(1)(B) nor section 1319(g)(6)(A)(ii) barred a citizen suit to enforce California’s storm water general NPDES permit.
Continue Reading Citizen Suit Under The Clean Water Act Is Not Barred Where State Of California Had Not Brought Either A Court Action To Enforce Compliance With The Act, Or Commenced An Administrative Penalty Action Comparable To One Under The Act.