• LANDMARK DECISION: Federal Judge Rules Clark County Violated Permit, Clean Water Act from 2008-2011

    Judge Rules Clark County Violated Clean Water Act for Three YearsUS District Judge Ronald Leighton ruled Thursday Clark County violated their Phase I Permit from August 2008 to December 2011 in what marks a landmark decision for stormwater controls in Washington State.

    Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center represented by Earthjustice attorneys Jan Hasselman and Janette Brimmer began the fight for enforcing EPA Clean Water standards for polluted stormwater mitigation in 2010 (see story here)

    In January 2011, the Washington State Pollution Control Board ruled that Clark County’s “alternative” plan for monitoring stormwater was illegal (story here). Clark County subsequently filed an appeal of the Pollution Board’s ruling, but in December 2011, Judge Leighton ruled that pending their appeal, Clark County must comply with Washington State’s stormwater guidelines (story here).

    Most recently, in May, Judge Leighton found Clark County’s argument for modified stormwater controls “makes no sense,” as the Pollution Control Hearings Board decision was clear that Clark County’s modified Agreed Order with Ecology was “unlawful” and the Permit Modification was “invalid.”

    “We are elated that our efforts to protect the environment have yielded such a positive result,” said John Felton, Chairman, Rosemere Neighborhood Association.

    From the Summary Judgment ruling:

    Even viewed in the light most favorable to Clark County, the evidence supports no
    conclusion other than Clark County is liable for violating the 2007 Phase 1 Permit during this time period. The 2007 Phase 1 Permit required Clark County to adopt the default stormwater flow control standard or an approved alternative by August 16, 2008. Clark County, however, to adopt a flow control ordinance that complied with the Permit. On December 28, 2011, this Court enjoined Clark County from issuing any permit or authorization that fails to meet the Phase 1 Permit’s flow control standards. Prior to the injunction, Clark County authorized numerous development projects that should have been subject to the Permit’s flow control requirements, but were not. Brimmer Decl., Ex. G–H, Dkt. #22. As a matter of law, Clark County is liable for violating the 2007 Phase 1 Permit from August 17, 2008 until December 28, 2011. Rosemere’s Motion on this point is GRANTED.

    “This is a great day for counties and cities in our state that are working hard to clean up polluted waterways,“ said Janette Brimmer, attorney for Earthjustice. “We applaud the ruling for recognizing that everyone needs to do their share to protect our precious streams, rivers and salmon and that Clark County, like everyone else, must follow the law.”

    To read Judge Leighton’s Order in full: Judge_Leighton_Order_RE_Stormwater_Summary_Judgment_6-6-2013

    Earthjustice Press Release: Earthjustice Clark Co Stormwater WIN final press release June 7 2013

    In the Columbian: County violated Clean Water Act for three years, judge says

    In the Oregonian: Clark County violated federal Clean Water Act for 3 years, judge rules

  • Federal Judge Rules County’s Polluted Runoff Standards Illegal

    US District Court Tacoma

    FOR IMMEDIATE RELEASE: June 7, 2013

    Contacts:
    Janette Brimmer, Earthjustice, 206-343-7340 ext. 1029
    Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436
    Mark Riskedahl, Northwest Environmental Defense Center, 503-768-6673
    John Felton, Rosemere Neighborhood Association, 360- 993-4939

    Federal Judge Rules County’s Polluted Runoff Standards Illegal

    Taxpayer subsidy, fish-killing loopholes scrapped by judge as violations to clean water laws

    Tacoma, WA—In a major decision, a federal judge ruled Clark County’s weak development standards that allow too much polluted runoff, violate clean water laws. The ruling, announced late today (Friday) signals an end to the county’s long-time failure to protect rivers, streams and salmon threatened with extinction.

    “This is a great day for counties and cities in our state that are working hard to clean up polluted waterways, “said Janette Brimmer, attorney for Earthjustice. “We applaud the ruling for recognizing that everyone needs to do their share to protect our precious streams, rivers and salmon and that Clark County, like everyone else, must follow the law.”

    Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center, represented by Earthjustice, challenged Clark County’s adoption of development standards that were too weak to prevent significant harm to the county’s already-stressed rivers and streams.

    Today’s decision by, U.S. District Judge Ronald B. Leighton, concludes Clark County was violating its Phase 1 Permit between August 2008 and December 2011. Judge Leighton had issued an injunction against the county at the end of December 2011, requiring the county to comply with its permit going forward while the case was pending. The county has been operating under that injunction since that time.

    Under the federal Clean Water Act, local governments must operate a stormwater system that complies with a National Pollution Discharge Elimination System permit and limits runoff of stormwater pollutants from new development and redevelopment. The standards in the permit required Clark County to limit runoff from larger storms so that the stormwater runoff was more like natural conditions

    “We are hopeful that Clark County will now stop fighting and see that controlling pollutants in stormwater, and fixing the damage that was caused by those three years, will be a positive step that is good for Columbia River salmon and good for the community,” said Brett VandenHeuvel , Executive Director of Columbia Riverkeeper.

    “We are elated that our efforts to protect the environment have yielded such a positive result,” said John Felton, Chairman, Rosemere Neighborhood Association.

    Polluted runoff, or stormwater, is a toxic stew of metals, oil, grease, pesticide, herbicides, bacteria and nutrients. When it rains, the toxic runoff drains off roofs and streets in amounts that seriously degrade water quality and kill marine life.

    The county and an association of developers appealed a January 2011 ruling of the state Pollution Control Hearings Board (PCHB) that the county is out of compliance with federal clean water laws and shifted the burden of protecting clean water from developers to local taxpayers.

    ##

Videos, Slideshows and Podcasts by Cincopa Wordpress Plugin

discount viagra
cheapest cialis
buy viagra prescription
non prescription viagra
non prescription viagra
buy viagra new york
best place to buy viagra
buy viagra mesa
buy discount cialis
cheapest viagra
buy cialis now
cheapest viagra
buy viagra online price
cheap viagra online
buy viagra online
20 mg cialis
buy viagra online reviews
viagra for sale
buy discount viagra
cheapest cialis
buy cheap cialis
buy discount viagra
discount viagra pills
buy viagra pill