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San Francisco Baykeeper v. U.S. Environmental Protection Agency

ELR Citation: 50 ELR 20228
Nos. C 19-05941 WHA, (N.D. Cal., 10/05/2020) (Alsup, J.)

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency argued that the CWA did not apply to the complex because it was converted to salt ponds prior to the Act's passage. The court found that because the salt ponds were wet and had important interconnections to the Bay, they were subject to CWA jurisdiction. It therefore vacated the determination and remanded to EPA to evaluate the extent of the nexus between the salt ponds and the Bay and the extent to which they significantly affect the chemical, physical, and biological integrity of the Bay.