Californians for Alternatives to Toxics v. Schneider Dock & Intermodal Facility, Inc.

JON S. TIGAR, United States District Judge

Before the Court is Plaintiff Californians for Alternatives to Toxics's ("CAT") motion for partial summary judgment. ECF No. 67. The Court will grant the motion in part and deny it in part.

I. BACKGROUND

A. Clean Water Act Permitting

This case concerns Defendants' compliance with the permitting requirements of the Clean Water Act ("CWA"). The Court therefore briefly reviews the CWA's permit *903scheme before describing the relevant facts and history of this litigation.

Congress enacted the CWA in order "to restore and maintain the chemical, physical, and…