Court of Appeals for the Ninth Circuit March 20, 2001, 00-55621 (Natural Resources Defense Council, Inc. San Diego Baykeeper, Inc. Kenneth J. Moser v. Southwest Marine Incorporated)

CANBY, Circuit Judge:

This is the third appeal by Defendant Southwest Marine, Inc., arising from an action brought against it by Plaintiffs Natural Resources Defense Council, San Diego Baykeeper, and Kenneth J. Moser un

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der the citizen suit provisions of the Clean Water Act, 33 U.S.C. § 1365(a).