​Eden Environmental Citizen’s Group (Bay Area) Clean Water Act Cases

 

The Eden Environmental Citizen’s Group has become an active player in Clean Water Act (CWA) cases across the Bay Area. Backed by the citizen suit provision of the Clean Water Act, this group frequently files lawsuits against municipalities, manufacturers, and private businesses, claiming unlawful discharges or non-compliance with permit conditions. Many of these cases arise under the federal statute’s broad citizen enforcement powers.

At Tropea McMillan LLP, we represent those on the receiving end of these lawsuits. Our clients include small business owners, large corporations, and public agencies throughout California. Our focus is defending against regulatory overreach and securing efficient resolutions to Clean Water Act enforcement actions.

The firm has a strong record defending cases initiated by citizen groups like Eden Environmental and works to limit disruption to your operations while protecting your legal and financial interests. If you’ve received a notice of violation or a 60-day notice letter from Eden Environmental Citizen’s Group or another entity, contact our firm for a confidential consultation.

About the Clean Water Act

The Clean Water Act (CWA) is a federal law aimed at restoring and maintaining the integrity of the nation’s waters. Passed in 1972 and codified at 33 U.S.C. §1251 et seq., it regulates pollutant discharges into surface waters such as rivers, lakes, and streams.

Citizen Suit Provision – 33 U.S.C. § 1365

One of the most powerful aspects of the CWA is its citizen suit provision. Under 33 U.S.C. § 1365, private individuals or organizations can bring lawsuits against alleged violators of discharge permits or against the Environmental Protection Agency (EPA) for failure to enforce environmental laws. This provision has led to a wave of lawsuits, particularly in California, where citizen groups like Eden Environmental focus on industrial facilities, stormwater permits, and alleged non-compliance.

California-Specific Water Quality Rules

California enforces water quality through the State Water Resources Control Board and nine Regional Water Quality Control Boards. In addition to federal requirements, California businesses must comply with the Porter-Cologne Water Quality Control Act and regional basin plans. These regulations frequently overlap with federal standards, adding layers of scrutiny and complication.

Role of Citizen Enforcement

Citizen enforcement can act as a check on public and private sector polluters. However, these suits often target entities that are already working in good faith to comply with permit requirements. For companies operating in high-profile areas like Oakland, Richmond, San Jose, or Fremont, the scrutiny from groups like Eden Environmental may be aggressive and frequent, regardless of actual environmental impact.

Our Clean Water Act Defense Experience

Tropea McMillan LLP defends clients in high-stakes environmental litigation throughout California, particularly those caught in the crosshairs of citizen suits.

Knowledge of Federal and State Rules

We understand the interplay between federal CWA regulations and California’s state-specific water policies. Our attorneys track evolving interpretations of rules such as the NPDES General Industrial Permit and region-specific requirements, including those enforced by the San Francisco Bay and Central Valley Regional Water Boards.

Track Record in Citizen Suit Defense

We’ve defended numerous businesses and agencies in cases brought under 33 U.S.C. § 1365, including claims by Eden Environmental. Our litigation history includes favorable dismissals, negotiated settlements with manageable terms, and successful defenses in both federal court and administrative proceedings.

Strategic Regulatory Defense

We don’t wait for litigation to unfold unchecked. From the moment a 60-day notice letter arrives, we evaluate the legal and technical merits of the allegations, coordinate with consultants and engineers, and communicate with opposing counsel to shape the case trajectory from day one.

Common Clean Water Act Challenges in the Bay Area

The Bay Area’s environmental sensitivity and urban density make it a hotspot for Clean Water Act enforcement. Eden Environmental Citizen’s Group focuses much of its attention on businesses in Alameda, Contra Costa, and Santa Clara counties.

Industrial Stormwater Permit Compliance

Many lawsuits center around alleged failures to meet the Industrial General Permit’s (IGP) sampling, monitoring, or Best Management Practice (BMP) requirements. Warehouses, scrap yards, distribution centers, and manufacturing facilities are frequent targets.

MS4 (Municipal Separate Storm Sewer System) Requirements

Cities and public agencies operating storm sewer systems are under constant scrutiny, especially when discharges enter sensitive areas like the San Francisco Bay. Eden Environmental has sued municipalities for alleged failures to monitor or reduce pollutant discharges.

Alleged NPDES Permit Violations

National Pollutant Discharge Elimination System (NPDES) permits govern the discharge of pollutants. Claims often allege exceedances, monitoring omissions, or late reports. Whether it’s a private facility in Hayward or a public utility in San Mateo, the threat is real.

Point Source Discharge Disputes

Citizen groups frequently assert that unauthorized discharges from specific equipment or drainage points constitute CWA violations. These claims often turn on technical details and permit interpretation.

Eden Environmental’s Focus Areas

Eden Environmental typically targets facilities near impaired water bodies such as the Napa River, Coyote Creek, and San Leandro Bay. The group relies heavily on publicly available stormwater data and satellite imagery to identify potential defendants, often citing minor exceedances or ambiguous permit conditions as grounds for litigation.

Our Defense Approach

We take a proactive and tailored approach to defending Clean Water Act allegations, minimizing business disruption and managing regulatory exposure.

Preventative Compliance Counseling

We review operations and permits to identify areas of vulnerability. This helps reduce the likelihood of future litigation and provides a strong starting point for defense if a complaint arises.

Responding to Information Requests

Government agencies and citizen groups may issue broad data requests. We guide clients through the response process, ensuring compliance while protecting sensitive information.

Early Case Assessment

We prioritize early review of facts, permits, and monitoring data to determine the best course of action. This step allows us to shape the conversation with plaintiffs before the case gains momentum.

Technical Expert Coordination

We work closely with engineers, hydrologists, and stormwater professionals to analyze permit data, site drainage patterns, and pollution control systems. Their input strengthens our legal strategy and often rebuts key elements of a complaint.

Settlement Negotiation

When appropriate, we engage in resolution discussions, pushing for terms that reflect the reality of our client’s compliance efforts. We don’t accept unreasonable settlement terms simply to resolve a case quickly.

Litigation When Necessary

If the opposing party insists on unreasonable demands or misrepresents the facts, we don’t hesitate to litigate. Our attorneys have handled bench trials, dispositive motions, and evidentiary hearings in state and federal court.

EPA and Clean Water Act Legal Services

We provide legal guidance throughout the compliance lifecycle, from permitting to litigation.

Compliance Audits

We conduct regulatory reviews to identify gaps in existing practices and recommend practical solutions to meet permit conditions.

Permit Application Assistance

We assist clients in preparing and submitting permit applications, including for stormwater discharges and other NPDES-covered activities.

Defense Against Enforcement Actions

Our team represents clients in responding to enforcement letters, penalty assessments, and administrative complaints filed by state or federal agencies.

Administrative Hearings

We appear before the State Water Resources Control Board and regional boards in permit and enforcement proceedings.

Courtroom Defense

When lawsuits move forward, we provide full-service representation through all stages of litigation, including pretrial motions, discovery, and trial.

Case Results

Below are examples of how Tropea McMillan LLP has defended clients in Clean Water Act cases:

Tropea McMillan Helps Secure Nearly $6 Million Toward Environmental Remediation in Los Angeles County

Our clients achieved a strong settlement outcome with multiple parties involved in a complex environmental dispute spanning several contaminated properties. The case involved claims under CERCLA, RCRA, and other environmental statutes. The resolution marks the conclusion of a protracted legal effort involving high-powered opposition and reflects accountability for pollution affecting California’s groundwater.

Tropea McMillan Obtains Summary Judgment for the City of Fresno in Class Actions Exceeding $30 Million

On December 27, 2022, the Fresno County Superior Court issued a final judgment in favor of the City of Fresno in two consolidated class actions: Micheli, et al. v. The City of Fresno and Flannery, et al. v. The City of Fresno. Plaintiffs—backed by six different law firms—sought more than $30 million in damages, alleging the city’s drinking water system caused discoloration and damage to home plumbing.

The court granted Fresno’s motion for summary judgment, finding that the plaintiffs failed to show their alleged harm fell within the scope of interests protected under the California Safe Drinking Water Act (Health & Safety Code § 116270 et seq.). Additionally, the court determined there was not enough evidence to establish a breach of legal duty or causation under Government Code § 815.6.

Federal Court Dismisses Hunters Point Shipyard Whistleblower Case Against Tropea McMillan Client

Several whistleblower lawsuits were filed under the False Claims Act targeting Tetra Tech, EC, based on the alleged falsification of radiological soil sample data at San Francisco’s Hunters Point Naval Shipyard. Some plaintffs extended their claims to subcontractors, including a client represented by Tropea McMillan.

On June 28, 2022, the U.S. District Court dismissed a case against our client, relying on the “first-to-file” rule. That provision bars subsequent whistleblower suits that repeat the same core allegations as an earlier case. Here, multiple plaintiffs recycled similar claims, attempting to distinguish them by alleging the conduct occurred in separate areas of the shipyard. The court rejected that reasoning, holding that merely changing the location doesn’t give rise to a new claim when the underlying fraud allegations remain the same.

This decision reinforced protections against duplicative claims and upheld our client’s position. Santino Tropea was the lead counsel on the matter.

Understanding Eden Environmental Citizen’s Group

Eden Environmental has filed dozens of suits under the Clean Water Act, particularly in the San Francisco Bay Area.

Litigation History

The group has targeted municipalities, small industrial operators, logistics companies, and construction sites. Many of their claims involve alleged violations of stormwater permits or reporting requirements.

Allegation Patterns

Eden Environmental often alleges exceedances based on publicly available sampling data. They also claim inadequate SWPPPs and argue that BMPs are not being properly implemented.

Targeting Criteria

Facilities located near impaired water bodies, or those in areas of past enforcement activity, tend to attract more scrutiny. In some cases, a single prior exceedance can trigger a 60-day notice letter.

California Clean Water Act FAQs

Contact Our California Environmental Law Attorneys Today

If Eden Environmental Citizen’s Group or another entity has issued a notice or filed a Clean Water Act complaint against your company or agency, don’t wait. Early legal guidance can prevent unnecessary costs, operational disruption, and public exposure.

San Diego environmental lawyers at Tropea McMillan LLP has the legal insight and regulatory experience to defend your interests and push back against overreaching claims. Whether you operate a public stormwater system or manage a private industrial site, we’ll work with you to resolve the matter efficiently.

Call (866) 977-8921 today for a confidential consultation. Let’s take the next step together.

 

Tropea McMillan, LLP

Address: 4747 Morena Blvd Suite 250A San Diego, CA 92117
Phone: (866) 977-8921