Barnum Timber Co. v. United States Environmental Protection Agency, No. C 08-01988 WHA, 2008 U.S. Dist. LEXIS 74858 (N.D. Cal. Sept. 29, 2008)

(plaintiff claims that defendant's decision to retain specified creek on state list of waters deemed environmentally impaired under the Clean Water Act was arbitrary and capricious; defendant's motion to dismiss granted).