Inland Empire Waterkeeper v. Corona Clay Company

Summary

The Ninth Circuit reversed the district court’s denial of Corona Clay’s motion for a new trial and affirmed the denial of its motion to dismiss for lack of subject‑matter jurisdiction, holding that whether Temescal Creek is a “water of the United States” is a merits issue, not a jurisdictional one, and that the intervening Supreme Court decision in Sackett warrants a new trial. The case was remanded for further proceedings on the applicability of the Clean Water Act to the creek.