Legal Opinion
Natural Resources Defense Council San Diego Baykeeper, Kenneth J. Moser v. Southwest Marine, Inc.,defendant-Appellant
Court of Appeals for the Ninth Circuit
Decided December 19, 2000No. 99-56532, 99-56545PublishedCited by 149 opinions
1Opinion of the Court
GRABER, Circuit Judge:
Defendant Southwest Marine, Inc., appeals from the district court’s judgment for Plaintiffs Natural Resources Defense Council (NRDC), San Diego Baykeeper, and Kenneth J. Moser, in their citizen enforcement action under § 505(a) of the Clean Water Act (CWA), 33 U.S.C. § 1365(a). In response to Defendant’s challenge, we hold: Plaintiffs have standing to bring this action, Plaintiffs’ notice letter was adequate, Defendant’s violations were ongoing, the district court’s injunc-tive measures were not an abuse of discretion, and the district court’s civil penalty was not an…
2Cases cited19 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
- Sierra Club v. MortonSupreme Court of the United States · 1972
14 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- High Sierra Hikers Association v. BlackwellCourt of Appeals for the Ninth Circuit · 2004
- Natural Resources Defense Council, Inc. San Diego Baykeeper, Inc. Kenneth J. Moser v. Southwest Marine IncorporatedCourt of Appeals for the Ninth Circuit · 2001
- Robert W. Hall v. Gale A. Norton, Secretary of the Interior United States Department of the InteriorCourt of Appeals for the Ninth Circuit · 2001
- San Francisco Baykeeper, Inc. v. Tosco Corporation, Diablo Services, Inc.Court of Appeals for the Ninth Circuit · 2002
- Friends of the Earth, Inc. v. Gaston Copper Recycling Corp.Court of Appeals for the Fourth Circuit · 2011
144 more not listed; retrieve them via the Exa API.