Friends of Mariposa Creek v. Mariposa Pub. Utils. Dist.

摘要

Environmental group may bring Clean Water Act citizen suit claims alleging that public utility district discharged pollutants into creek in violation of its national pollutant discharge elimination system permits, because, even though district claims that California regional water board is indispensable party that must be joined in order for citizen suit to proceed: (1) board is not necessary party; (2) group can obtain complete relief without addition of board; (3) board does not have legally protected interest arising under group's claims; (4) even though time scheduling orders issued by board under California law proposed monetary penalties on district, failure to join board does not subject district to risk of incurring double or inconsistent penalties; and (5) even if board were necessary party and joinder was not feasible, equitable factors would not weigh in favor of dismissal.