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Sierra Club Inc. v. Con-Strux LLC

Firm Not 'Recycler' Subject to CWA Stormwater Regulation; Not EPA 'Industrial Activity'

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MEMORANDUM AND OPINION

*1  Plaintiff Sierra Club, LLC (“Plaintiff” or “Sierra Club”) commenced this action against Con-Strux, LLC (“Construx” or the “Company”) and Marc Bretz (“Bretz”) (collectively “Defendants”) seeking declaratory and injunctive relief, as well as civil penalties, pursuant to the Clean Water Act, 33 U.S.C. §1251(a) (the “CWA” or the “Act”). Presently before the Court is Defendants’ motion, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim.BACKGROUNDI. Factual BackgroundThe facts considered herein are drawn from the Complaint, as well as affidavits and documents submitted by the parties that they have agreed to be considered in connection with this motion.A. The PartiesSierra Club is a not-for-profit environmental organization that is headquartered in Oakland, California. It has 67 chapters nationwide, including a group located within this District. Docket Entry (“DE”) 18. Plaintiff’s self-described mission is to “explore, enjoy, and protect

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