Inland Empire Waterkeeper v. Corona Clay Co., No. 20-55420 (9th Cir. 2021)Annotate this Case
Plaintiff filed suit under the Clean Water Act (CWA), alleging that Corona Clay illegally discharged pollutants into the navigable waters of the United States, failed to monitor that discharge as required by its permit, and violated the conditions of the permit by failing to report violations. The district court granted partial summary judgment to defendants and a jury returned a defense verdict on the remaining claims.
The Ninth Circuit disagreed with the district court's interpretation of Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, 484 U.S. 49, 67 (1987), which held that the CWA bars citizen suits alleging only "wholly past" violations of permits, and held that if the required jurisdictional discharge into United States waters has occurred, a CWA citizen suit can be premised on ongoing or reasonably expected monitoring or reporting violations. The panel vacated the district court's judgment and remanded for further proceedings in light of the Supreme Court's intervening decision in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462, 1468 (2020), which held that an offending discharge must reach the "waters of the United States," either through a direct discharge or a "functional equivalent."
The court issued a subsequent related opinion or order on November 5, 2021.