Pacific Coast Federation of Fisherman's Associations v. Glaser, No. 17-17130 (9th Cir. 2019)Annotate this Case
Plaintiffs filed suit alleging that the drainage system managed by defendants discharged pollutants into surrounding waters, in violation of the Clean Water Act (CWA). The Ninth Circuit held that the district court properly interpreted "discharges . . .from irrigated agriculture," as used in 33 U.S.C. 1342(l)(1), to mean discharges from activities related to crop production.
However, the panel held that the district court erred by placing the burden of demonstrating eligibility for the permit exception on plaintiffs, rather than on defendants, and by misinterpreting "entirely," as used in section 1342(l)(1). In this case, the district court's interpretation of the word "entirely" to mean "majority"— which both parties now concede was erroneous—was thus the but-for cause of the dismissal of plaintiffs' Vega Claim. The panel also held that the district court erred by placing the burden on plaintiffs to demonstrate that the discharges were not covered under section 1342(l)(1), rather than placing the burden on defendants to demonstrate that the discharges were covered under section 1342(l)(1). Furthermore the district court erred by striking plaintiffs' seepage and sediment theories of liability from plaintiffs' motion for summary judgment because the first amended complaint encompassed those claims. Accordingly, the panel reversed and remanded.