California Sportfishing Protection Alliance v. DenBeste Yard & Garden, Inc.

Background

California Sportfishing Protection Alliance moved for default judgment against DenBeste Yard & Garden, Inc. On February 24, 2023, the court denied that motion without prejudice to the plaintiff’s ability to submit supplemental briefing and evidence. The court had instructed the plaintiff to address the factors identified in San Francisco Baykeeper v. W. Bay Sanitary Dist. for establishing a violation of the Clean Water Act’s National Pollutant Discharge Elimination System permit requirements.

Those factors require proof that a person discharged a pollutant into navigable waters of the United States from a point source without a permit. In its supplemental briefing, the plaintiff relied on allegations that the defendant’s facility collected and discharged storm water to the Pacific Ocean and argued that the facility’s storm-water discharges were associated with industrial activity.

Court’s Analysis

The court found that the plaintiff had not adequately established a “point source” under the Clean Water Act. The court said it was unclear whether the plaintiff was arguing that the facility itself was a point source. If so, the plaintiff had to clearly present that theory and support it with relevant legal authority.

The court also found that the complaint did not specifically allege that the facility contained conveyances—structures or channels used to carry storm water—that were designed to convey storm water. The complaint’s only reference to a “conveyance” appeared in the plaintiff’s restatement of the statutory definition of “pollutant.”

Order and Effect

The court ordered the plaintiff, by August 15, 2023, either to amend the complaint or submit additional briefing that sufficiently supported a determination at default judgment that the defendant discharged storm water from a point source under the Clean Water Act. The plaintiff was also ordered to immediately serve the defendant with the order and file proof of service.

Chief Magistrate Judge Donna M. Ryu signed the order. The order required additional pleading or briefing and did not grant the motion for default judgment.