San Francisco Bay Tributaries Remain Federal Waters, Judge Says

The cities of Sunnyvale and Mountain View, Calif., still must face claims that they unlawfully discharged polluted water from their municipal storm sewer systems, after a federal judge refused to reconsider his decision in light of a Supreme Court decision from May called Sackett v. EPA.

Sackett doesn’t alter the conclusion that Guadalupe Bay, Stevens Creek, Calabazas Creek, and Sunnyvale East Channel—which all empty into San Francisco Bay—are federally protected waters, Judge Edward J. Davila of the US District Court for the Northern District of California said.

“Protection still exists for seasonal rivers, creeks, and streams that are tributaries ...