(November 1, 2023, 4:33 PM EDT) -- SANTA ANA , Calif. — Whether the Temescal Creek, in which a recycling plant owner is alleged to have discharge contaminated stormwater, is a “water of the United States” for the purposes of the Clean Water Act (CWA) does not affect the court’s subject jurisdiction because that determination is an element of a claim under the law, not a threshold jurisdictional matter, a California federal judge found in denying the plant owner’s motion to dismiss....