Facts

Coalition for a Sustainable Delta sued the City of Stockton and the County of San Joaquin due to alleged violations of the Federal Water Pollution Control Act and the Endangered Species Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the city and county discharged water in the Delta watershed in violation of the Acts. As such, plaintiff filed for declaratory and injunctive relief.

DEFENDANTS' CONTENTIONS:
Defendants alleged, among other things, that the claim failed because plaintiff's notice was inadequate and failed to meet the Acts' notice requirements. Defendants also argued that plaintiff lacked standing to prosecute its claims.

Damages

The Coalition sought civil penalties in connection with the allegedly unlawful discharges.

Result

The parties reached a settlement. As part of the settlement, the city and county agreed to, among other things, implement procedures to prevent future illicit discharges and violations as well as implement practices that would reduce and prevent municipal pesticide use that would lead to contamination.

Other Information

FILING DATE: Feb. 18, 2009.