Nat. Resources Def. Council Santa Monica Baykeeper, Inc. Terry Tamminen v. California Dep't of Transp., & James W. Van Loben Sels, 96 F.3d 420 (9th Cir. 1996). · Go Syfert
Nat. Resources Def. Council Santa Monica Baykeeper, Inc. Terry Tamminen v. California Dep't of Transp., & James W. Van Loben Sels, 96 F.3d 420 (9th Cir. 1996). Cases Citing This Book View Copy Cite
155 citation events (110 in the last 25 years) across 29 distinct courts.
Strongest positive: Leo Olguin v. J. Gastelo (cacd, 2020-10-22) · Strongest negative: Sweat v. Hull (azd, 2001-09-12)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Distinguished Sweat v. Hull (2×) also: Cited as authority (rule)
D. Ariz. · 2001 · confidence high
See 33 U.S.C. § 1365 (a) (CWA citizen suit provision); . 42 U.S.C. § 7604 (a)(1) (CAA citizen suit provision); Cox v. City of Dallas, Tex., 256 F.3d 281, 308-09 (5th Cir.2001) ("In Seminole Tribe itself, the Court differentiated between the IGRA and statutes such as the Clean Walter Act.”);, NRDC, 96 F.3d at 424 (“The statute at issue in the current dispute, the Clean Water Act, is distinguishable from IGRA, as .the Supreme court noted in Seminole Tribe."). 9 .
discussed Cited as authority (verbatim quote) Leo Olguin v. J. Gastelo
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state 10 agencies and to state officers, who act on behalf of the state and can therefore assert 11 the state's sovereign immunity.
discussed Cited as authority (verbatim quote) John Williams v. Jason Black
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state 28 agencies and to state officers, who act on behalf of the state and can therefore assert 1 the state's sovereign immunity.
discussed Cited as authority (verbatim quote) Jimmie Carter v. J. Castelo
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state 2 agencies and to state officers, who act on behalf of the state and can therefore assert 3 the state's sovereign immunity.
discussed Cited as authority (verbatim quote) Gilbert Salazar v. M.E. Spearman
C.D. Cal. · 2020 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state 2 agencies and to state officers, who act on behalf of the state and can therefore assert 3 the state's sovereign immunity.
discussed Cited as authority (verbatim quote) Keller v. Ala Wai State Boat Harbor
D. Haw. · 2020 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state agencies assert the state's sovereign immunity.
discussed Cited as authority (verbatim quote) Jimmie Carter v. J. Castelo
C.D. Cal. · 2019 · quote attribution · 1 verbatim quote · confidence high
state immunity extends to state 24 agencies and to state officers, who act on behalf of the state and can therefore assert 25 the state's sovereign immunity.
cited Cited as authority (rule) Keeva Rossow and Serah Thompson v. Juliet Charron, Director, Idaho Department of Health and Welfare, in her official capacity
D. Idaho · 2026 · confidence medium
Council v. Cal. Dep't of Transp., 96 F.3d 420, 422 (9th Cir. 1996)).
cited Cited as authority (rule) Hope Alohalani Cermelj v. Scott Nago, et al.
D. Haw. · 2026 · confidence medium
Council v. California Dept. of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
examined Cited as authority (rule) Forward, Inc. v. MacOmber (4×) also: Cited "see"
9th Cir. · 2026 · confidence medium
Next, the dissent cites National Resources Defense Council v. California Department of Transportation to assert that control suffices for Ex parte Young. 96 F.3d 420, 424 (9th Cir. 1996).
examined Cited as authority (rule) Forward, Inc. v. MacOmber (4×) also: Cited "see"
9th Cir. · 2026 · confidence medium
Next, the dissent cites National Resources Defense Council v. California Department of Transportation to assert that control suffices for Ex parte Young. 96 F.3d 420, 424 (9th Cir. 1996).
discussed Cited as authority (rule) Aniceto Cruz, et al. v. State of California, et al.
E.D. Cal. · 2025 · confidence medium
Council v. Cal. Dep't of Transp., 9 96 F.3d 420, 421 (9th Cir. 1996). 10 A state’s agency responsible for incarceration and correction of prisoners is a state agency 11 for purposes of the Eleventh Amendment.
discussed Cited as authority (rule) Brar v. State of California
E.D. Cal. · 2025 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996). 13 Thus, the undersigned finds Plaintiff’s claim against the State of California is barred under the 14 Eleventh Amendment. 15 In sum, the undersigned recommends Plaintiff’s complaint be dismissed with prejudice as 16 time-barred and barred under the Eleventh Amendment. 17 18 19 Remainder of This Page Intentionally Left Blank 20 21 22 23 24 25 26 27 28 Conclusion, Order, and Recommendations 2 The Clerk of the Court is directed to randomly assign a District Judge to this action. 3 For the foregoing reasons, IT IS HEREBY O…
cited Cited as authority (rule) Brar v. State of California
E.D. Cal. · 2025 · confidence medium
Council v. Cal. Dep't of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Brar v. United States
E.D. Cal. · 2025 · confidence medium
Def. 6 Council v. Cal. Dep't of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) (PS) McCaster v. Franchise Tax Board
E.D. Cal. · 2025 · confidence medium
“The Eleventh Amendment of the United 5 States Constitution prohibits federal courts from hearing suits brought by private citizens against 6 state governments, without the state’s consent.” Natural Resources Defense Council v. Cal. Dept. 7 of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Brar v. United States
E.D. Cal. · 2025 · confidence medium
Council v. Cal. Dep't of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) (PS) Ashanti v. Department of Consumer Affairs
E.D. Cal. · 2025 · confidence medium
“The 23 Eleventh Amendment of the United States Constitution prohibits federal courts from hearing suits 24 brought by private citizens against state governments, without the state’s consent.” Natural 25 Resources Defense Council v. Cal. Dept. of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Sinha v. State of California
N.D. Cal. · 2025 · confidence medium
Council v. California Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 17 1996) (citing Hans v. Louisiana, 134 U.S. 1, 14 (1890)).
discussed Cited as authority (rule) (PC) Xavier v. Gonzales
E.D. Cal. · 2025 · confidence medium
Council v. Cal. 12 Dep’t of Transp., 96 F.3d 420, 423-24 (9th Cir. 1996) (affirming dismissal of claims for civil 13 penalties and declaratory relief based on past conduct).
cited Cited as authority (rule) Jensen v. Brown
9th Cir. · 2025 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 422 (9th Cir. 1996).
discussed Cited as authority (rule) Seifert v. Pritchard
E.D. Cal. · 2025 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996). 10 In Whole Woman’s Health v. Jackson ( 595 U.S. 30 , 39 (2021)), the Supreme Court held 11 that state-court judges and state-court clerks are immune from suit in federal court under the 12 Eleventh Amendment.
cited Cited as authority (rule) Idaho Anti-Trafficking Coalition v. Idaho Council on Domestic Violence and Victim Assistance
D. Idaho · 2025 · confidence medium
Franceschi v. Schwartz, 57 F.3d 828, 831 (9th Cir. 1995) and Natural Resources Defense Council v. California DOT, 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Idaho Anti-Trafficking Coalition v. Idaho Council on Domestic Violence and Victim Assistance
D. Idaho · 2025 · confidence medium
Natural Resources Defense Council v. California DOT, 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) (PS) Weinapple v. Bonta
E.D. Cal. · 2024 · confidence medium
Council v. 4 Cal. Dep’t of Transp., 96 F.3d 420, 423-24 (9th Cir. 1996) (affirming dismissal of claims for civil 5 penalties and declaratory relief based on past conduct).
discussed Cited as authority (rule) Seifert v. Pritchard
E.D. Cal. · 2024 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996). 9 In Whole Woman’s Health v. Jackson ( 595 U.S. 30 , 39 (2021)), the Supreme Court held 10 that state-court judges and state-court clerks are immune from suit in federal court under the 11 Eleventh Amendment.
cited Cited as authority (rule) Sinha v. State of California
N.D. Cal. · 2024 · confidence medium
Council v. California Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996) 15 (citing Hans v. Louisiana, 134 U.S. 1, 14 (1890)).
discussed Cited as authority (rule) Maxwell v. Pacione
E.D. Cal. · 2024 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996). 26 In Whole Woman’s Health v. Jackson ( 595 U.S. 30 , 39 (2021)), the Supreme Court held 27 that state-court judges and state-court clerks are immune from suit in federal court under the 1 not enforce state laws as executive officials might” and because any errors they make in 2 connection with their official duties can be remedied through “some form of appeal.” See Munoz, 3 91 F.4th at 981 (reiterating that “state court judges cannot be sued in federal court in their judicial 4 capacity under the Eleventh Amendmen…
cited Cited as authority (rule) Los Molinos Mutual Water Co. v. Ekdahl
E.D. Cal. · 2024 · confidence medium
Def. 6 Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) Ramirez v. County of San Diego
S.D. Cal. · 2024 · confidence medium
Counsel v. Cal. DOT, 96 F.3d 420, 422 (9th Cir. 1996). 21 Accordingly, to the extent Lopez seeks dismissal of Plaintiff’s § 1983 claims based 22 on immunity under the Eleventh Amendment, the Court DENIES her motion. 23 The County, on the other hand, asserts that the Doe Defendants are entitled to 24 qualified immunity.
cited Cited as authority (rule) Alo v. Ramos
E.D. Cal. · 2023 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996); Brooks, 19 951 F.2d at 1053 ; Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989); Mitchell v. L.A.
cited Cited as authority (rule) AIDS Healthcare Foundation v. California Department of Health Care Services
C.D. Cal. · 2023 · confidence medium
Council v. Cal. Dept. of 16 Transp., 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Spears v. Pierce County
W.D. Wash. · 2023 · confidence medium
See, 7 Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440, 446 (2004); Natural Resources 8 Defense Council v. California Dep’t of Transportation, 96 F.3d 420, 421 (9th Cir. 9 1996).
discussed Cited as authority (rule) Spinks v. California Department of Transportation
N.D. Cal. · 2023 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996) (first citing P.R. 15 Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 142-46 (1993); and then citing 16 Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 101 (1984)); see also id. (“[Caltrans] is 17 a California state agency which is entitled to immunity from suit.” (citing P.R.
cited Cited as authority (rule) Kurdi v. California Department of Transportation
E.D. Cal. · 2023 · confidence medium
Council v. California Dep’t of Transp., 96 F.3d 420, 423 (9th Cir. 1996), which Kurdi acknowledges.
cited Cited as authority (rule) Taylor v. Washington Department of Corrections
W.D. Wash. · 2023 · confidence medium
See Seminole Tribe of Florida v. Florida 116 22 S.Ct. 1114 , 1131 (1996); Natural Resources Defense Council v. California Dep't of 23 24 1 Transportation, 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Oregon Manufacturers and Commerce v. Oregon Occupational Safety and Health Division
D. Or. · 2022 · confidence medium
Sovereign immunity extends to state officers who act on behalf of the state, NRDC v. Calif, Dept. of Transp., 96 F.3d 420, 422 (9th Cir. 1996).
discussed Cited as authority (rule) D'Agostino v. Arizona Department of Economic Security
D. Ariz. · 2022 · confidence medium
Council, 96 F.3d at 423 (affirming dismissal of 7 claims for civil penalties and declaratory relief pursuant to the Eleventh Amendment). 8 c.
discussed Cited as authority (rule) Curbow v. Clintsman
W.D. Wash. · 2022 · confidence medium
See, 20 Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440, 446 (2004); Natural Resources 21 Defense Council v. California Dep’t of Transportation, 96 F.3d 420, 421 (9th Cir. 1996). 22 This Eleventh Amendment immunity extends to state agencies.
discussed Cited as authority (rule) Stewards of the Mokelumne River v. CA Dept. of Transportation
E.D. Cal. · 2021 · confidence medium
(NRDC), 96 F.3d 420, 421, 423 (9th Cir. 1996) (affirming 13 district court’s dismissal of all claims against Caltrans as barred by the Eleventh Amendment); 14 Ariz. Students’ Ass’n v. Ariz. Bd. of Regents, 824 F.3d 858, 865 (9th Cir. 2016) (noting plaintiff 15 had viable claim under Ex parte Young doctrine against members of state entity in their official 16 capacities, but claim against entity was barred by the Eleventh Amendment). 17 IV.
cited Cited as authority (rule) Deschutes River Alliance v. Pge
9th Cir. · 2021 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 423 (9th Cir. 1996); see also Burnette v. Carothers, 192 F.3d 52, 57 (2d Cir. 1999).
cited Cited as authority (rule) Deschutes River Alliance v. Pge
9th Cir. · 2021 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 423 (9th Cir. 1996); see also Burnette v. Carothers, 192 F.3d 52, 57 (2d Cir. 1999).
cited Cited as authority (rule) Narvis Nonnette v. Gavin Newsom
C.D. Cal. · 2021 · confidence medium
Def. 4 Council v. Cal. Dep’t of Transp., 96 F.3d 420, 421 (9th Cir. 1996)).
cited Cited as authority (rule) Ecklein v. State of Hawai'i
W.D. Wash. · 2020 · confidence medium
Council v. California Dep’t of 18 Transp., 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) Barto v. Miyashiro
S.D. Cal. · 2020 · confidence medium
Coeur d’Alene 27 Tribe of Idaho, 521 U.S. at 268 . 28 1 “State immunity extends to state agencies and to state officers, who act on behalf of 2 the state and can therefore assert the state’s sovereign immunity.” NRDC v. Cal. Dep’t of 3 Transp., 96 F.3d 420, 421 (9th Cir. 1996) (citing Puerto Rico Aqueduct & Sewer Auth. v. 4 Metcalf & Eddy, Inc., 506 U.S. 139, 142-46 (1993); Pennhurst State Sch. & Hosp. v. 5 Halderman, 465 U.S. 89, 101 (1984)).
discussed Cited as authority (rule) (PC) Samaniego v. CDCR
E.D. Cal. · 2020 · confidence medium
Council v. Cal. DOT, 96 F.3d 420, 421 (9th Cir. 1996) 25 (“State immunity extends to state agencies and to state officers, who act on behalf of the state and 26 can therefore assert the state’s sovereign immunity.”).
cited Cited as authority (rule) Giblin v. Bloomfield
W.D. Wash. · 2019 · confidence medium
See, Tenn. Student Assistance 19 Corp. v. Hood, 541 U.S. 440, 446 (2004); Natural Resources Defense Council v. California 20 Dep’t of Transportation, 96 F.3d 420, 421 (9th Cir. 1996).
cited Cited as authority (rule) Hicks v. Washington State Human Rights Commission
W.D. Wash. · 2019 · confidence medium
See, Tenn. Student 24 1 Assistance Corp. v. Hood, 541 U.S. 440, 446 (2004); Natural Resources Defense Council v. 2 California Dep’t of Transportation, 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) Committee to Protect our Agricultural Water v. Occidental Oil & Gas Corp. (2×)
E.D. Cal. · 2017 · confidence medium
Hans v. Louisiana, 134 U.S. 1, 15 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890); Sofamor Danek Group, Inc. v. Brown, 124 F.3d 1179, 1183 (9th Cir. 1997); Natural Resources Defense Council v. Cal. Dept, of Transp., 96 F.3d 420, 421 (9th Cir. 1996).
discussed Cited as authority (rule) Motoyama v. Hawaii, Department of Transportation
D. Haw. · 2012 · confidence medium
Council v. Cal. Dep’t of Transp., 96 F.3d 420, 423 (9th Cir.1996) (concluding that the Eleventh Amendment barred all claims against the California Department of Transportation for alleged violations of the Clean Water Act); Stephens v. Ga. Dep’t of Transp., 134 Fed.Appx. 320, 324 (11th Cir.2005) (“As an arm of the state, the HDOT is entitled to the same sovereign immunity of the state itself.”); see also State of Haw.
Retrieving the full opinion text from the archive…
NATURAL RESOURCES DEFENSE COUNCIL; Santa Monica Baykeeper, Inc.; Terry Tamminen, Plaintiffs-Appellees,
v.
CALIFORNIA DEPARTMENT OF TRANSPORTATION, Defendant, and James W. Van Loben SELS, Defendant-Appellant
Glenn B. Mueller, State of California Department of Transportation, Los Angeles, California, for defendant-appellant., Gail Ruderman Feuer, Mitchell S. Bernard, Nancy Marks, David S. Beckman, Natural Resources Defense Council, Los Ange-les, California, for plamtiffs-appellees.
Hall, O'Scannlain, Kleinfeld.
Cited by 102 opinions  |  Published
Pinpoint authority: bottom 53%
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Glenn B. Mueller, State of California Department of Transportation, Los Angeles, California, for defendant-appellant.

Gail Ruderman Feuer, Mitchell S. Bernard, Nancy Marks, David S. Beckman, Natural Resources Defense Council, Los Angeles, California, for plaintiffs-appellees.

Appeal from the United States District Court for the Central District of California, Edward Rafeedie, District Judge, Presiding. D.C. No. CV-93-06073-ER.

Before HALL, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

Opinion by Judge HALL; Concurrence by Judge O'SCANNLAIN.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Lead Opinion

Opinion by Judge HALL; Concurrence by Judge O’SCANNLAIN.

CYNTHIA HOLCOMB HALL, Circuit Judge:

This dispute is a citizen enforcement action brought pursuant to the citizens’ suit provision of the Clean Water Act, 33 U.S.C. § 1365. Plaintiffs-Appellees[1] filed suit against Defendants-Appellants, the California Department of Transportation (“Cal-trans”) and its director, James Van Loben Seis, claiming that Caltrans was not in compliance with a Clean Water Act permit that required it to control polluted stormwater runoff from roadways and maintenance yards in Southern California.

The defendants submitted a motion to dismiss for lack of subject matter jurisdiction claiming that the ease was barred by the Eleventh Amendment. The district court dismissed all claims against Caltrans because, as an arm of the state, Caltrans is immune from suit under the Eleventh Amendment. In addition, the court dismissed plaintiffs’ claims against Van Loben Seis for civil penalties and declaratory relief, because they too were barred by the Eleventh Amendment. However, the court proceeded to trial on plaintiffs’ claims for prospective injunctive relief against Van Loben Seis individually. District Court’s Order of 11/02/94 (Excerpts of Record (“ER”) Exhibit 7).

After a ten-day trial, the district court found that Van Loben Seis had violated the Clean Water Act. Subsequently, the court entered a permanent injunction against Van Loben Seis, requiring a number of specific actions in order to comply with the Clean Water Act permit in the future. (ER Exhibit 13).

The sole issue raised on appeal is whether the district court correctly held that, as a California state official, Van Loben Seis is subject to suit in federal court for violations of the Clean Water Act. We affirm.

I

The Eleventh Amendment of the United States Constitution prohibits federal courts from hearing suits brought by private citizens against state governments, without the state’s consent. Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 507, 33 L.Ed. 842 (1890). State immunity extends to state agencies and to state officers, who act on behalf of the state and can therefore assert the state’s sovereign immunity. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S. 139, 142-46, 113 S.Ct. 684, 687-88, 121 L.Ed.2d 605 (1993); Penn[*422] hurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 101, 104 S.Ct. 900, 908, 79 L.Ed.2d 67 (1984). In general, federal court jurisdiction will not be found against a state official when the state is the real party in interest. Pennhurst, 465 U.S. at 101-02, 104 S.Ct. at 908; Scheuer v. Rhodes, 416 U.S. 232, 287, 94 S.Ct. 1683, 1686-87, 40 L.Ed.2d 90 (1974).

The Supreme Court recognized an important exception to this general rule in Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), which held that the Eleventh Amendment does not bar suit against a state official acting in violation of federal law. Id. at 159-60, 28 S.Ct. at 453-54; Pennhurst, 465 U.S. at 102-03, 104 S.Ct. at 909. The doctrine of Ex parte Young is premised on the notion that a state can not authorize a state officer to violate the Constitution and laws of the United States. Thus, an action by a state officer that violates federal law is not considered an action of the state and, therefore, is not shielded from suit by the state’s sovereign immunity. Pennhurst, 465 U.S. at 102, 104 S.Ct. at 909; Ex parte Young, 209 U.S. at 159-60, 28 S.Ct. at 453-54 (The officer is “stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from respon-. sibility to the supreme authority of the United States.”). Therefore, a plaintiff may bring suit in federal court against a state officer accused of violating federal law. Pennhurst, 465 U.S. at 102, 104 S.Ct. at 909.

Still, there are some limitations upon Ex parte Young suits against state officers. In particular, when a plaintiff brings suit against a state official alleging a violation of federal law, the federal court may award prospective injunctive relief that governs the official’s future conduct, but may not award retroactive relief that requires the payment of funds from the state treasury. Pennhurst, 465 U.S. at 102-03, 104 S.Ct. at 909; Edelman v. Jordan, 415 U.S. 651, 667-669, 94 S.Ct. 1347, 1357-59, 39 L.Ed.2d 662 (1974) (holding that the Eleventh Amendment does not bar suit to compel future state compliance with federal standards for processing welfare applications; but rejecting an injunc-

tion ordering retroactive payment of previously owed benefits); Quern v. Jordan, 440 U.S. 332, 337, 99 S.Ct. 1139, 1143, 59 L.Ed.2d 358 (1979) (“The distinction between that relief permissible under the doctrine of Ex parte Young and that found barred in Edel-man was the difference between prospective relief on one hand and retrospective relief on the other.”). Therefore, an injunction against the state officer is permitted, even if it might require substantial outlay of funds from the state treasury, provided that it does not award retroactive relief for past conduct. Edelman, 415 U.S. at 667, 94 S.Ct. at 1357-58 (“the difference between the type of relief barred by the Eleventh Amendment and that permitted under Ex parte Young will not in many instances be that between day and night”).

Although, as appellant points out, many of the cases applying the Ex parte Young doctrine address federal constitutional violations, we have held that the doctrine applies to violations of federal statutory law as well. Almond Hill Sch. v. United States Dep’t of Agriculture, 768 F.2d 1030, 1034 (9th Cir.1985) (“The underlying purpose of Ex parte Young seems to require its application to claims against state officials for violations of federal statutes.”). The Supreme Court has recognized that the Ex parte Young doctrine is necessary “to permit federal courts to vindicate federal rights and hold state officials responsible to ‘the supreme authority of the United States.’ ” Pennhurst, 465 U.S. at 105, 104 S.Ct. at 910 (quoting Ex parte Young, 209 U.S. at 160, 28 S.Ct. at 454). This purpose would be undermined if state officials were not required to act consistently with federal statutes, as well as the federal constitution. Almond Hill, 768 F.2d at 1034. Consequently, the Ex parte Young exception to Eleventh Amendment immunity applies to violations of federal statutory rights. See Seminole Tribe of Florida v. Florida, - U.S. -, - n. 14, 116 S.Ct. 1114, 1131 n. 14, 134 L.Ed.2d 252 (1996) (noting that the opinion leaves open alternative means to ensure states comply with federal laws, such as by allowing “an individual [to] bring suit against a state officer in order to ensure that the officer’s conduct is in compliance with[*423] federal law.”); Puerto Rico Aqueduct, 506 U.S. at 144, 113 S.Ct. at 688 (noting that the Ex parte Young doctrine “ensures that state officials do not employ the Eleventh Amendment as a means of avoiding compliance with federal law”); Pennhurst, 465 U.S. at 102, 104 S.Ct. at 909; Coeur d’Alene Tribe of Idaho v. Idaho, 42 F.3d 1244, 1251 (9th Cir.1994) (“Under our federalist system, the states are considered unable to act in a manner contrary to federal law. Thus any action on the part of state officials that violates federal law cannot be attributed to the state.”), cert. granted, - U.S. -, 116 S.Ct. 1415, 134 L.Ed.2d 541 (1996). Indeed, several courts have permitted suits against state officials for injunctive relief pursuant to the Clean Water Act. E.g., Committee to Save Mokelumne River v. East Bay Util. Dist., 13 F.3d 305, 309-10 (9th Cir.1993) (holding that the Eleventh Amendment does not bar suit against the members of the California Regional Water Quality Control Board for prospective injunctive relief under the Clean Water Act), cert. denied, - U.S. -, 115 S.Ct. 198, 130 L.Ed.2d 130 (1994); Mancuso v. New York State Thruway Authority, 909 F.Supp. 133, 135 (S.D.N.Y.1995) (permitting a citizen’s suit for injunctive relief from future violations of the Clean Water Act); Pennsylvania Envtl. Defense Found. v. Mazurkiewicz, 712 F.Supp. 1184, 1189 (M.D.Pa.1989) (same).

In the current case, the district court scrupulously followed the dictates of the Supreme Court’s Eleventh Amendment cases. The court dismissed all claims against Cal-trans because it is a California state agency which is entitled to immunity from suit. See-Puerto Rico Aqueduct, 506 U.S. at 142-46, 113 S.Ct. at 687-88. It dismissed all claims against Van Loben Seis for civil penalties and declaratory relief pertaining to past violations of the Clean Water Act. See Quern, 440 U.S. at 332, 99 S.Ct. at 1139. The remaining claims pertained solely to prospective injunctive relief against Van Loben Seis, which is authorized by Ex parte Young and Edelman. We find no error in the district court’s rulings on these points.

II

Next, we must address the Supreme Court’s recent Eleventh Amendment decision in Seminole Tribe of Florida v. Florida, - U.S. -, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). The primary effect of Seminole Tribe was to overturn the Court’s prior decision in Pennsylvania v. Union Gas Co., 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1 (1989), which held that Congress may abrogate a state’s Eleventh Amendment immunity when it legislates pursuant to its powers under the Commerce Clause. Thus, the Court held in Seminole Tribe that the Indian Commerce Clause, which for these purposes is indistinguishable from the Interstate Commerce Clause, does not authorize Congress to abrogate a state’s immunity to suit without its consent. Seminole Tribe, - U.S. at - --, 116 S.Ct. at 1131-32. Nevertheless, this aspect of Seminole Tribe does not apply to the current dispute because the district court already dismissed all claims against the State of California, which was represented by its agency, Caltrans.

Yet, the Supreme Court also held in Seminole Tribe that the petitioner’s claim, which was barred by the Eleventh Amendment, could not be brought as an Ex parte Young suit against the state governor either. The Court held that “where Congress has prescribed a detailed remedial scheme for the enforcement against a state of a statutorily created right, a court should hesitate before casting aside those limitations and permitting an action against a state officer based upon Ex parte Young." Id. at -, 116 S.Ct. at 1132. Congress may choose to limit the availability of an Ex parte Young suit against state officers for violations of federal statutory law, and the Court found that Congress intended to do so when it enacted the statute at issue in Seminole Tribe. Id. at - & n. 17, 116 S.Ct. at 1133 & n. 17.

The Court considered the remedial scheme of the statute at issue, the Indian Gaming Regulatory Act (“IGRA”), and noted that it contained several provisions expressly directed toward the state whose actions were being challenged. See 25 U.S.C. § 2710. The remedial scheme in the IGRA was intended to ensure that states would negotiate in good[*424] faith with Indian tribes to enter mto compacts to allow certain gaming activities on Indian lands. See 25 U.S.C. § 2710(d)(8). If a state fails to enter into negotiations with a tribe that has requested such negotiations, then the IGRA provides a scheme for federal court enforcement and supervision of a Tribal-State compact negotiation. 25 U.S.C. § 2710(d)(7).

The statute at issue in the current dispute, the Clean Water Act, is distinguishable from the IGRA, as the Supreme Court noted in Seminole Tribe. See - U.S. at - n. 17, 116 S.Ct. at 1133 n. 17. The Court stated that it “[did] not hold that Congress cannot authorize federal jurisdiction under Ex parte Young over a cause of action with a limited remedial scheme. We find only that Congress did not intend that result in the [IGRA].” Id. The Court then contrasted the IGRA to those statutes “where lower courts have found that Congress implicitly authorized suit under Ex parte Young,” such as the Clean Water Act. Id.

When Congress enacted the Clean Water Act citizen suit provision, it specified that it was legislating to the extent permitted by the Eleventh Amendment.[2] Congress intended to encourage and assist the public to participate in enforcing the standards promulgated to reduce water pollution. See 33 U.S.C. § 1251(e). To further that goal, Congress enacted the citizen suit provision so that “a citizen enforcement action might be brought against an individual or a government agency.” S.Rep. No. 414, 92d Cong., 2d Sess. (1972), reprinted in 1972 U.S.C.C.A.N. 3668, 3746. It would seem reasonable, then, that Congress implicitly intended to authorize citizens to bring Ex parte Young suits against state officials with the responsibility to comply with clean water standards and permits. Therefore, we find that the district court did not err when it refused to dismiss the plaintiffs’ suit against Van Loben Seis, director of Caltrans.

Ill

For the foregoing reasons, we find that the district court did not err when it held that Van Loben Seis, as a California state official, is subject to suit in federal court for violations of the Clean Water Act. The district court’s refusal to dismiss this action for lack of subject matter jurisdiction is therefore

AFFIRMED.

1

Plaintiffs in this case are two non-profit environmental groups and a private citizen.

2

The citizen suit provision states in part:

"[A]ny citizen may commence a civil action on his own behalf — (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation."

33 U.S.C. § 1365(a) (emphasis added).

Concurrence

O’SCANNLAIN, Circuit Judge,

specially concurring; Circuit Judge KLEINFELD joining:

I concur in Judge Hall’s opinion because it accurately reflects the state of Ninth Circuit law. Our decision in this case is compelled by the two holdings of this court in Almond Hill Sch. v. United States Dep’t of Agriculture, 768 F.2d 1030 (9th Cir.1985) (holding Eleventh Amendment does not bar action against state officials to enforce a federal statutory right); and Coeur d’Alene Tribe of Idaho v. Idaho, 42 F.3d 1244 (9th Cir.1994) (holding Eleventh Amendment does not bar a claim for injunctive relief against state officials seeking to preclude future violations of federal law).

Nevertheless, I want to express my concern about the persistent erosion of the Eleventh Amendment by expanding judicial exceptions within this circuit. In my view, we took a wrong turn in Almond Hill, which Coeur d’Alene follows. It is reassuring, therefore, to learn that the Supreme Court of the United States, having granted certiorari in Coeur d’Alene, has scheduled oral argument for mid-October. Whatever the result of the Supreme Court’s review, its timely attention to the delicate interaction between the federal and state governments in the context of the Eleventh Amendment will be most welcome.