For businesses operating industrial facilities in California, understanding who files stormwater citizen suits is a critical part of managing environmental compliance risk.
Unlike government enforcement actions, stormwater citizen suits are brought by private environmental organisations under the citizen enforcement provision of the Clean Water Act, 33 U.S.C. § 1365.
A relatively small number of organisations and their legal counsel account for the majority of these cases across the state.
The most prominent plaintiffs are affiliated with the Waterkeeper Alliance, a network of regional organisations each focused on specific California watersheds and industrial sectors.
Los Angeles Waterkeeper, founded in 1993, is one of the most frequent filers of 60-Day Notices in the state, with a focus on industrial facilities across Los Angeles County.
Orange County Coastkeeper targets facilities that discharge to the San Gabriel River, Santa Ana River, and their tributaries across Orange County watersheds.
San Diego Coastkeeper, founded in 1995, frequently partners with the Coastal Environmental Rights Foundation to pursue enforcement actions throughout San Diego County.
San Francisco Baykeeper focuses on facilities around the San Francisco Bay, including multi-facility operators such as auto dismantlers and recyclers operating in that region.
California Coastkeeper Alliance, based in Sacramento, coordinates statewide activity and sometimes serves as co-plaintiff or provides legal support through its in-house attorneys.
Eden Environmental Citizens Group, known as EDEN and based in Santa Rosa, may be among the most prolific sources of 60-Day Notices in California, alongside its regional affiliate, Central Valley Eden Environmental Defenders.
EDEN focuses on facilities across the Central Valley, Bay Area, and Northern California, spanning industries from ready-mix concrete and precast operations to wineries, auto recyclers, and chemical companies.
EDEN’s notices follow a highly standardised template, and the organisation is often represented by attorney Craig A. Brandt.
Several other organisations also file stormwater citizen suits with regularity, including Pacific Environmental Advocates, Ecological Rights Foundation, California River Watch, and a newer entrant called Our Clean Oceans.
Our Clean Oceans has become an increasingly active plaintiff in the Los Angeles region, filing notices against manufacturing and industrial facilities using a standardised template similar to EDEN’s approach.
A handful of plaintiffs’ firms handle much of this litigation, including Aqua Terra Aeris Law Group, Coast Law Group, the Law Offices of Jack Silver and David Weinsoff, and Brodsky and Smith.
Each organisation carries distinct geographic preferences, industry focus areas, and litigation styles that facilities and their legal advisers should understand when assessing compliance priorities.
Not every 60-Day Notice leads to a lawsuit, and not every allegation contained within a notice is well-founded or legally robust.
An experienced attorney can help evaluate specific claims, identify defensible positions, and determine the most appropriate response strategy for each situation.