Saturday May 18th 2024

Booth LLP Defends Dismissal of Clean Water Act Claim In Appeal To The Ninth Circuit

January 20, 2024

In December 2022, a three-judge panel of the United States Court of Appeal for the Ninth Circuit issued an opinion affirming a District Court dismissal of a citizen’s suit alleging Clean Water Act, Endangered Species Act, and other violations against a Southern California city.   (Kelly v. City of Poway, 2023 WL 8732695 (unpublished)).  The underlying case arose from allegations that the City had improperly managed the watershed surrounding a lake within its boundaries.  The firm had initially obtained a judgment of dismissal of all claims against the City in the United District Court, Southern District of California, after filing a motion for dismissal arguing that the plaintiff had failed to identify, in its 240-page complaint, a single identifiable violation of the relevant permits governing the maintenance of the watershed adjacent to the lake.   After the plaintiff appealed , two California environmental groups filed an amicus brief in support of overturning the lower court decision.  The firm defended the lower court decision against the challenges of both the plaintiff and amicus, and ultimately obtained a unanimous decision affirming the underlying judgment in full.

The defense team was led by Josh Levine in the proceedings in the both the District Court and the Ninth Circuit.

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