Glad the court tossed the City's argument that our creeks are not US waters and not covered by the Clean Water Act.

Wish the City had instead spent money on a settlement and a plan to prevent further leakage.

I am saddened by the woeful lack of regard that the City of Mountain View has shown to it's citizens in this matter. Not WOTUS? What a ridiculous statement. Wishing the Baykeepers well in this endeavor.

The case was already lost. Baykeepers won the case.

The court already ruled that Mountain View is liable.

Mountain View is trying to delay the civil damages.

Thats all.

I think I read the case was already decided, that the court ruled that Mountain View was liable.

That also the court was considering reimbursment of legal fees, and damages at this time.

And that the city has tried to delay that action.

IN 2022 Baykeeper won a summary judgement

Case 5:20-cv-00824-EJD Document 139 Filed 09/12/22 Page 35 of 35

IV. CONCLUSION

For the reasons discussed above, Defendants’ motion for leave to file a supplemental brief is DENIED. Plaintiff’s motion for partial summary judgment is GRANTED: testing results from 2019 support a reasonable inference that Defendants violated Receiving Water Limitation B.2 on January 17, 2019, February 4, 2019, and February 13, 2019. Defendants’ motion for summary judgment is DENIED. The Court will conduct a status conference on October 13, 2022 at 11:00 a.m. The parties shall file a joint status conference statement no later than October 3, 2022. IT IS SO ORDERED. Dated: September 12, 2022

So the case is actually closed. The city is accountable