If you operate an industrial facility in California, it helps to know who might be on the other side of a 60-Day Notice. Stormwater citizen suits are not filed by government agencies; they are brought by private environmental organizations using the citizen enforcement provision of the Clean Water Act, 33 U.S.C. § 1365. In California, a relatively small number of organizations and their counsel account for the majority of these cases.
The Waterkeeper Network
The most visible plaintiffs in California stormwater enforcement are affiliated with the Waterkeeper Alliance. Los Angeles Waterkeeper, founded in 1993, is one of the most frequent filers of 60-Day Notices in the state, focusing on industrial facilities across Los Angeles County. Orange County Coastkeeper operates across the Orange County watersheds and addresses facilities that discharge to the San Gabriel River, Santa Ana River, and their tributaries. 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. California Coastkeeper Alliance, based in Sacramento, coordinates statewide and sometimes serves as co-plaintiff or provides legal support through its in-house attorneys.
Eden Environmental Citizen’s Group
Eden Environmental Citizens Group, LLC (known as EDEN) and its regional affiliate, Central Valley Eden Environmental Defenders, may be among the most prolific sources of 60-Day Notices in California. Based in Santa Rosa, 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 standardized template, and the organization is often represented by attorney Craig A. Brandt.
Other Active Organizations
Several other organizations file stormwater citizen suits with regularity. Pacific Environmental Advocates, or PEA, operates primarily in the Bay Area and Central Valley, focusing on metal recyclers, construction materials companies, and other heavy industrial operations. Ecological Rights Foundation pursues both CWA and RCRA claims against facilities statewide, often involving utilities and operations with hazardous materials exposure. California River Watch focuses on wineries and municipal facilities in Sonoma and Napa counties. Our Clean Oceans, a newer entrant, has become an increasingly active plaintiff in the Los Angeles region, filing notices against manufacturing and industrial facilities using a standardized template similar to EDEN’s approach.
The Law Firms Behind the Notices
A handful of plaintiffs’ firms handle much of this litigation. Aqua Terra Aeris Law Group represents multiple Waterkeeper organizations across the state. Coast Law Group, based in Encinitas, represents CERF and San Diego Coastkeeper. Other recurring counsel include the Law Offices of Jack Silver and David Weinsoff, who represent California River Watch, and Brodsky & Smith, which often represents individual plaintiffs. These attorneys are experienced, methodical, and well-versed in the procedural requirements of CWA citizen suits.
What This Means for Your Facility
Understanding the plaintiffs’ landscape is not about assigning motives; it is about recognizing patterns. Each organization has geographic preferences, industry focus areas, and litigation styles. Knowing who is active in your region and what they look for can help you prioritize compliance efforts and recognize the significance of a 60-Day Notice when it arrives. That said, not every notice leads to a lawsuit, and not every allegation in a notice is well-founded. An experienced attorney can help you evaluate the specific claims, identify defensible positions, and determine the right response strategy.
If you want to understand your facility’s exposure or have received a notice from any of these organizations, contact the Allen Matkins environmental team.
California Stormwater Defense is published by Allen Matkins Leck Gamble Mallory & Natsis LLP. Nothing in this post constitutes legal advice. Contact us for a consultation specific to your facility.