S.F. Baykeeper v. Levin Enters., Inc.

1 Citing brief

  1. Coastal Environmental Rights Foundation v. American Recycling International, Inc.

    MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim

    Filed April 24, 2017

    B. Directly contradicting Kramer and Ekco, both of those cases likely would have held WQSs are not enforceable discharge limits had this language been found in the Old GIP. See also San Francisco Baykeeper v. Levin Enterprises, Inc., 12 F. Supp. 3d 1208, 1224 (N.D. Cal. 2013) (noting that “Plaintiff acknowledges that an exceedance of [Water Quality Standards] is not a per se General Permit violation.”) Accordingly, Plaintiff’s first cause of action, that LKQ’s storm water discharges violate the GIP’s discharge prohibitions and receiving waters limitations and thus constitute CWA/GIP violations, has no basis in law and should be dismissed with prejudice.