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United States of America and People of the State of California, Ex Rel. v. Hvi Cat Canyon

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 16, 2013

UNITED STATES OF AMERICA AND PEOPLE OF THE STATE OF CALIFORNIA, EX REL.
CALIFORNIA DEPARTMENT OF FISH AND GAME AND CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, CENTRAL COAST REGION, PLAINTIFF,
v.
HVI CAT CANYON, INC., F/K/A GREKA OIL & GAS, INC., DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

O

ORDER DENYING DEFENDANT'S MOTION FOR RECONSIDERATION AND MOTION FOR INTERLOCUTORY APPEAL [Dkt. Nos. 29, 30]

Defendant moves for reconsideration in part of this court's order denying Defendant's motion to dismiss the United States' First Cause of Action for Violations of Section 311 of the Clean Water Act.*fn1 (Dkt. No. 26.) Defendant contends that the court failed to consider a material fact in its denial of Defendant's Motion to Dismiss. See C.D. Cal. L.R. Specifically, Defendant argues that the court should have dismissed the First Cause of Action because some of the numerous oil spills referenced in the First Cause of Action impacted creek beds that were dry at the time of discharge. (Motion for Reconsideration at 1-2, 4.)

For purposes of Section 311 of the Clean Water Act, however, harmful quantities of oil include discharges that "[c]ause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface or the water or upon adjoining shorelines. 40 C.F.R. § 110.3(b) (emphasis added). Defendant's Motion for Reconsideration is, therefore, DENIED.*fn2 Defendant's request for certification of the "navigable waters" issue for immediate appeal is also DENIED. Even if Defendant were to succeed on appeal, several other causes of action, both federal and state, and concerning the same oil spills, would remain. Thus, an immediate appeal would not materially advance the termination of this litigation. 28 U.S.C. § 1292(b).

IT IS SO ORDERED.


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