• BIG WIN FOR CLEAN WATER: CLARK COUNTY AGREES TO IMPROVE SALMON HABITAT AND COMPLY WITH STORMWATER POLLUTION LAWS

    December 18, 2013 Author: admin
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    December 18, 2013

    Contacts:
    John Felton, Rosemere Neighborhood Association, 360‐993‐4939
    Brett VandenHeuvel, Columbia Riverkeeper, 503‐348‐2436

    BIG WIN FOR CLEAN WATER: CLARK COUNTY AGREES TO IMPROVE SALMON HABITAT AND COMPLY WITH STORMWATER POLLUTION LAWS

    County agrees to comply with stormwater pollution laws, fund significant stream restoration in lieu of
    potential federal penalties

    (Vancouver, WA) Clark County Commissioners voted today to improve salmon habitat and reduce dirty stormwater pollution as part of a binding settlement agreement with neighborhood and conservation groups.

    “This is a win for clean water and healthy salmon runs in Clark County,” said John Felton, chair of the Rosemere Neighborhood Association. “This is a good result for the community as a whole.”

    Rosemere Neighborhood Association along with Columbia Riverkeeper and the Northwest Environmental Defense Center challenged Clark County’s violation of laws designed to protect salmon and reduce pollution. After the County lost several rounds of litigation, the County has agreed to take steps to correct the problem. Clark County agreed to comply with the Clean Water Act and to provide $3 million in funding to an independent third party, the Lower Columbia Fish Recovery Board, that will oversee projects to protect and restore Clark County rivers and streams harmed by stormwater pollution. The settlement will need to be approved by the U.S. Department of Justice and the federal
    court overseeing the lawsuit.

    “This agreement means cleaner water and more salmon for the region as a whole,” stated Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “The County will now act to reduce polluted stormwater and invest in protecting salmon. It’s a win‐win.”

    Stormwater pollution, which is created when rain mixes with debris, chemicals, dirt, and other pollutants and flows into storm sewer systems and then into local waterways, is the number one source of water pollution in urban and developing areas in Washington state.

    The settlement comes after a state appeals board found that the County’s stormwater program violated the law—the state appeals board’s decision was upheld by the Washington Court of Appeals and state Supreme Court. At the same time, a federal judge concluded that the County’s stormwater program violated the Clean Water Act and the Court blocked continued implementation of the County’s illegal stormwater program. The federal court ruled last June that the County was liable for violating federal law, exposing it to potentially millions of dollars in penalties and corrective action for projects that were built to inadequate standards.

    Under the County’s disputed stormwater program, damage to rivers and streams from the stormwater pollution had shifted burdens to taxpayers, from developers, to pay for the impacts of urban stormwater runoff. Impacts range from

    Plaintiffs in the litigation were represented by attorneys Janette Brimmer and Jan Hasselman of Earthjustice.

     

    *****

    To view or download Press Release click here (pdf format)

    Related articles:

    The Columbian: Clark County to pay $3.6 million for violating Clean Water Act
    The Oregonian: Clark County to pay $3 million as part of pollution settlement

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

    June 7, 2013 Author: admin
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    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

  • WA State Supreme Court Denies Clark County’s Stormwater Appeal

    March 6, 2013 Author: admin
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    Washington State Temple of Justice

    In a unanimous decision, the Washington State Supreme Court has declined to review Clark County’s appeal of the WA State Court of Appeals stormwater ruling.

    In September 2012, Washington State Court of Appeals upheld the Pollution Control Hearings Board ruling that Clark County’s weak stormwater plan allowed too much polluted runoff and violates both State and Federal laws to protect clean water. For more on that ruling read here: WA Court of Appeals Rules County’s Plan to Manage Polluted Runoff Illegal

    Clark County subsequently appealed that decision to the Washington State Supreme Court which on March 5, 2013 issued a 2 page decision denying Clark County’s petition.

    View the Washington Supreme Court ruling here: WA Supreme Court Rosemere v Clark County Order

    Related articles:

    From The Columbian:

    “Rosemere Neighborhood Association, an environmental advocacy group that, along with Columbia Riverkeeper and Northwest Environmental Defense Center, have been winning at every level in their attempt to force Clark County to follow state default standards for managing polluted runoff.” ……….Read the full article here: Clark County dealt stormwater setback: State high court refuses to review unfavorable ruling

    From The Oregonian: Washington Supreme Court rejects Clark County’s stormwater appeal

  • Federal Judge Lifts Stay on Clark County Stormwater Case

    March 2, 2013 Author: admin
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    US District Court Tacoma

    U.S. District Judge Ronald B. Leighton has lifted a stay on a federal lawsuit against Clark County regarding their stormwater management plan. The injunction was issued against Clark County in December 2011, ordering it to follow the state’s default stormwater rules while its stormwater plan was under review by the state Court of Appeals. The stay had been put in place pending the outcome of state court appeals of proceedings before the Pollution Control Hearings Board due to concerns the federal and state cases would conflict.

    From Leighton’s decision:

    “The case involves Clark County’s municipal storm sewer system, and the Department of Ecology’s 2007 Phase I Stormwater General Permit for that system. Ecology subsequently issued Clark County a Notice of Violation, alleging that the flow control policy was inadequate.

    In 2010, Clark County and Ecology entered into an Agreed Order. Rosemere successfully challenged that Agreed Order before the PCHB, claiming (among other things) that it was not compliant with the Clean Water Act. The PCHB’s determination that the Agreed Order violated the Phase I permit and the Clean Water Act was affirmed by the Court of Appeals.

    While those proceedings were pending, Rosemere brought this federal case. It seeks to enforce the Phase I permit, and penalties. This Court stayed the proceedings pending the resolution of the state court action.”

    In September, the Court of Appeals upheld a ruling by the state Pollution Control Hearings Board, which said a compromise developed between the county and the state Department of Ecology was not backed by science and was insufficient under federal and state clean water laws.

    Judge Leighton lifted the stay saying,

    “The issues in these cases were never overlapping; they were simply similar. That similarity has been greatly diminished in the aftermath of the Court of Appeals’ decision, and the limitation of the issues the County seeks to litigate further in state court.”

    To read the full decision: Judge Leighton Order Lifting Stay 2-21-13

    Related articles:

    From The Oregonian: Clark County could face tens of thousands of dollars in stormwater fines

    From The Columbian: Lawsuit against county to proceed: Federal courts can hear stormwater dispute, judge rules

  • WA Court of Appeals Rules County’s Plan to Manage Polluted Runoff Illegal

    September 26, 2012 Author: admin
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    FOR IMMEDIATE RELEASE:

    September 26, 2012

    Contacts:
    Jan Hasselman, Earthjustice
    Dvija Michael Bertish, Rosemere Neighborhood Association
    Brett VandenHeuvel, Columbia Riverkeeper
    Mark Riskedahl, Northwest Environmental Defense Center

    WA Court of Appeals Rules County’s Plan to Manage Polluted Runoff Illegal

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

    Tacoma, WA – In a major decision with statewide impacts in Washington State, a court of appeals ruled Clark County’s weak development rules that allow too much polluted runoff violate state and federal laws to protect clean water. The ruling, announced late Tuesday, signals an end to the county’s on-going failure to protect rivers, streams and salmon threatened with extinction.

    “We applaud the court of appeals for recognizing that Clark County’s refusal to comply with clean water laws is unfair to other cities and counties in our state, not to mention industries, that continue to work hard to clean up our polluted waterways,” said Dvija Michael Bertish of the Rosemere Neighborhood Association. “As residents of Clark County who enjoy fishing and swimming in our local rivers, we’re fed up with our elected officials’ attempts to compromise our health and safety—especially when the law requires otherwise.”

    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. “The Court of Appeals ruling comes down to this—clean water is our future and everyone needs to do their share to keep our water clean,” said Jan Hasselman from Earthjustice, who is representing the groups.

    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.

    Specifically, the PCHB found Clark County’s stormwater program:

    • Is not based on any science and failed to protect water quality and salmon.
    • Unlawfully exempts development projects that “vested” prior to April of 2010.
    • Unlawfully allows Clark County to shift resources from its existing retrofit program to mitigate for new development.
    • Unlawfully fails to require “low impact development” at new development and mitigation sites.

    The Court of Appeals concurred. “Not only has Clark County violated the law, it is ignoring the very real economic and quality of life costs associated with dirty stormwater pollution,” said Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “The County’s rogue approach to dealing with stormwater pollution ignores the very real costs of increased flooding, polluted drinking water, and toxics in fish. It’s time stop using outdated thinking and transition to much greater reliance on low impact development and better land use planning. The stakes are too high for delay.”

    The county has 30 days to appeal the decision to the state Supreme Court if it chooses. Additionally, a federal court has stayed an enforcement action against the county until the appeals court rules, and is likely to open the case now that the appeal is resolved.

    A copy of the Court of Appeals ruling can be downloaded here: WA COURT OF APPEALS D2 41833-9-II PUBLISHED OPINION

    A copy is available online here: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=418339MAJ

    Other news links:

    Editorial: County Keeps Hearing ‘No’ – Stormwater rules fight is being lost in the courts; it’s time to give up

    Clark County loses stormwater ruling

    Washington court rules against Clark County in polluted runoff case

    Clark County loses polluted runoff case

    #

  • Media Advisory: State Appeals Court Hears Arguments by County to Circumvent Clean Water Act

    June 28, 2012 Author: admin
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    Media Advisory for July 2, 2012

    CONTACTS:
    Jan Hasselman, Earthjustice, (206) 343-7340, ext. 1025 (Available July 2)
    Janette Brimmer, Earthjustice, (206) 343-7340, ext. 1029
    Dvija Michael Bertish, Rosemere Neighborhood Association, (360) 281-4747
    Brett VandenHeuvel, Columbia Riverkeeper, (503) 348-2436

    State Appeals Court Hears Arguments by
    County to Circumvent Clean Water Act Protections of Fish and Water Quality

    Community and Clean Water Advocates ask court to ensure federal clean water laws are followed to protect rivers and salmon.

    WHAT: Hearing before Washington State Court of Appeals in Tacoma

    WHEN: July 2, 2012, 9 a.m.

    WHERE: Washington State Court of Appeals, Division II 950 Broadway, Suite 300, Tacoma, WA 98402 (Allow time to go through courthouse security.)

    WHY: Clark County deserves strong, uniform laws that protect clean water, sensitive aquatic environments and endangered species– the same requirements that over 100 other cities and counties in Washington have been complying with since 2008. Stronger stormwater controls are needed now. According to a recent U.S. Geological Survey (USGS) study on stormwater, Vancouver, WA showed a wide suite of contaminants, including some of the highest levels of pesticides, suspended solids, and trace elements including mercury. A copy of the USGS stormwater study is attached.

    BACKGROUND:
    Federal law required Clark County and nearly 100 other cities and counties in Western Washington to adopt new rules governing runoff from development by August of 2008. In 2009, Clark County decided that it would not comply with the terms of a stormwater permit required by the Clean Water Act. The Department of Ecology confronted Clark County for its permit violation but later backed down and agreed to allow Clark County to retain inadequate stormwater standards for new developments in exchange for a promise to implement taxpayer-funded mitigation projects that were much less protective. This didn’t protect streams polluted by development runoff and shifted the burden of protecting clean water to local taxpayers instead of developers. In 2010, community and clean water groups represented by Earthjustice, challenged Clark County’s weak stormwater runoff rules to the state Pollution Control Hearings Board. In January 2011, the pollution board ruled in the community and clean water groups’ favor. The pollution board found Clark County’s weaker program to be illegal in several respects:

    • It is not based on any science and fails to protect water quality and salmon.
    • It unlawfully exempts development projects that “vested” (applied for a permit) prior to April of 2010.
    • It unlawfully allows Clark County to shift resources from its existing retrofit program to mitigate for new
    development.
    • It unlawfully fails to require “low impact development” at new development and mitigation sites.

    Clark County’s Commissioners appealed the Pollution Board’s ruling to the state Court of Appeals. The Builders’ Association joined in the appeal seeking weaker water pollution standards and the appeal will be heard July 2. Last December in a related matter, a federal judge issued a preliminary ruling that Clark County’s controversial development standards appear to violate federal laws to protect clean water. The decision by U.S. District Court Judge Ronald B. Leighton means Clark County must comply with federal clean water laws while the state court challenge is pending. The community and clean water groups include Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center. They are represented by attorneys Jan Hasselman and Janette Brimmer of the non-profit public interest law firm Earthjustice.

    #

    To view or print a pdf version of this Media Advisory please click here.

  • Judge Leighton Denies Clark County Motion For Bond

    April 5, 2012 Author: admin
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    US District Court Tacoma

    U.S. District Court Judge Ronald B. Leighton has denied Clark County’s request that Rosemere Neighborhood Association, Columbia Riverkeeper and Northwest Environmental Defense Center (Rosemere et al) post a monetary bond in their ongoing stormwater case.

    In January 2011, the Washington State Pollution Control Board ruled that Clark County’s “alternative” plan for monitoring stormwater was illegal  (see full 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).

    In January, Clark County also filed a motion asking the court to require Rosemere et al to post a $2.9 million bond (later reduced to $1.1 million) in the event the county wins in state court the plaintiffs could pay damages.

    Yesterday, Judge Leighton ruled against defendant Clark County’s motion saying,

    Here, Plaintiff has little or no means to post a substantial bond. The litigation seeks to enforce provisions of the Clean Water Act, and as such, is in the public interest. Further, Plaintiffs have demonstrated a likelihood of success on the merits, given the indications of the Pollution Control Hearings Board.

    See full order here: ORDER DENYING MOTION TO ESTABLISH BOND

  • Petition to stop licensing of Nuclear Reactor at Hanford Nuclear Facility

    March 28, 2012 Author: admin
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    Hanford dumping ground photo credit: HOANW

    Hanford dumping ground Photo credit: HOANW

    Energy Northwest (formerly WPPSS) runs the region’s sole commercial nuclear reactor, Hanford Nuclear Facility, located along the Columbia River on the Hanford Nuclear Reservation. Energy Northwest is owned and run by Washington’s publicly owned utilities. These include Clark Public Utilities in Clark County, as well as Seattle City Light, Snohomish PUD, and Tacoma City Light.

    The Federal Government is attempting to make Hanford a national nuclear waste dump, despite the actions of the Washington citizens to prevent more nuclear waste from being shipped there. In recent months, the reactor had numerous safety violations. As the Seattle Times reported (March, 2011), Energy Northwest officials have been moving to be the first commercial reactor in the US to use the same highly dangerous Plutonium fuel which was released to the environment during the Fukushima Reactor earthquake and tsunami crisis, causing catastrophic damage to a huge populated area of Japan and the ocean – without public disclosure of risks or costs.

    Clark Public Utilities representatives have not objected to use of Plutonium fuel, and supported relicensing the reactor to run 20 more years until the year 2043 – without any public discussion near Clark PUD.

    You can voice your opinion.

    Clark County residents: Click on the link below to sign a petition (managed by Heart of America Northwest, www.hoanw.org) to stop the licensing of the nuclear reactor operating at the Hanford facility, and demand the federal government pursue clean energy instead:

    Petition: http://www.ipetitions.com/petition/cgsclark/

  • CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

    March 17, 2012 Author: admin
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    Fighting For Clean Water

    CITIZENS TAKE ON CLARK COUNTY’S FAILED ATTEMPT TO MAKE TAXPAYERS PAY FOR DEVELOPERS’ STORMWATER POLLUTION

    Nationwide, stormwater is the leading source of water pollution. This is also true for the Columbia River Basin. In urban areas, rain runs across dirty pavement and roofs, picking up toxic metals, oil, grease, bacteria and other contaminants along the way.

    Experts across the country agree: the cost of stormwater pollution is steep. Murky, smelly streams and rivers and fish advisories warning people not to eat otherwise healthy, locally caught fish are a stark reminder of the public costs of stormwater pollution. Yet Clark County tried to make taxpayers pay for stormwater impacts that are the responsibility of private development. Taxpayer dollars already support public stormwater infrastructure and now its time for developers to pay their share.

    IGNORING COMMON SENSE

    Why is Clark County Trying to Evade Protections for Safe, Swimmable Rivers and Livable Communities?

    In 2010, local citizens and conservation groups successfully challenged Clark County’s sweetheart deal with Washington State regulators—a deal that made Clark County the only major county in the state to avoid critical steps to reduce stormwater pollution. Washington’s Pollution Control Hearings Board ruled that the County’s controversial development standards violated state laws to protect clean water. In 2011, a federal court judge also found that Clark County’s actions likely violate the federal Clean Water Act.

    Not only is Clark County violating the law, it is ignoring the very real economic and quality of life costs associated with stormwater pollution. For example, stormwater pollution:

    • Increases flooding—the Federal Emergency Management Agency (FEMA) estimates that stormwater causes or contributes to at least one quarter of economic losses due to flooding—or $1 billion per year.
    • Adds costs to providing safe drinking water.
    • Threatens public health.
    • Impacts fishing opportunities and water recreation.

    CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

    Many cities and counties in Washington State are working hard to clean up polluted waterways. One of the primary ways Washington State is trying to reduce stormwater pollution is by requiring new development and redevelopment to control stormwater as it leaves the property.

    CONTINUED….Click here for the full document: CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

  • Federal Judge Suspends County’s Inadequate Polluted Runoff Standards

    December 29, 2011 Author: admin
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    FOR IMMEDIATE RELEASE: December 29, 2011

    Contacts:
    Janette Brimmer, Earthjustice, 206-343-7340 ext. 1029
    Dvija Michael Bertish, Rosemere Neighborhood Association, 360-281-4747
    Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436

    Federal Judge Suspends County’s Inadequate
    Polluted Runoff Standards

    Injunction requires Clark County to shelve fish-killing loopholes
    in its development standards

    Tacoma, WA.—A Washington state county’s controversial development standards appear to violate federal laws to protect clean water, according to a preliminary ruling by a U.S. District Court Judge.

    The decision, issued December 28 by U.S. District Court Judge Ronald B. Leighton, means Clark County must comply with federal clean water laws, like other cities and counties in the state, to protect rivers, streams and salmon threatened with extinction. The ruling applies to development projects permitted or approved by the county on or after the court’s order while a related state court appeal is pending.

    Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center, represented by Earthjustice, challenged Clark County’s failure to protect threatened salmon.

    “Many cities and counties in our state are working hard to clean up polluted waterways and now Clark County must finally do the same,” said Janette Brimmer, an Earthjustice attorney who is representing the groups. “The ruling recognizes 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.”

    Last year, the neighborhood and conservation groups prevailed before the state Pollution Control Hearings Board, which hears appeals of state environmental regulations and permits. In January of this year, the Board rejected the county’s “alternative” plan for managing polluted stormwater runoff finding that it violated the County’s stormwater permit and was too weak to prevent significant harm to already stressed rivers and streams.

    The County’s inadequate “alternative” plan was developed in a compromise with the Department of Ecology (Ecology), which oversees the federal Clean Water Act. Stormwater runoff a major source of water pollution because it is a stew of toxic metals, oil, grease, pesticides, herbicides, bacteria that runs off pavement into streams and rivers.

    Clark County refused to implement the required development runoff standards. After finding Clark County in violation of its stormwater permit, the Department of Ecology yielded to county pressure and agreed to allow Clark County to retain inadequate stormwater standards for development in exchange for a promise to implement taxpayer-funded mitigation projects. The controversial approach did not protect streams polluted by development runoff and shifted the burden of protecting clean water from developers to local taxpayers.

    As noted by the federal court, the Board had found the program to be illegal in several important respects. Specifically, the Clark County program:

    • Is not based on any science and fails to protect water quality and salmon.
    • Unlawfully exempts development projects that “vested” prior to April of 2010.
    • Unlawfully allows Clark County to shift resources from its existing retrofit program to mitigate for new development.
    • Unlawfully fails to require “low impact development” at new development and mitigation sites.

    Clark County appealed the Board decision in state court and refused to comply with the Board’s decision, forcing clean water advocates to take the matter to the U.S. District Court for the Western District of Washington to enforce the Clean Water Act.

    Judge Leighton’s preliminary ruling agreed that the clean water advocacy groups have demonstrated a likelihood of success on their claims that Clark County’s inadequate development standards for polluted runoff violate the Clean Water Act and that irreparable harm to the environment is the result.

    The judge therefore imposed an obligation on the County to follow the original requirements of its stormwater permit; the same requirements that over 100 other cities and counties in Western Washington have been complying with since 2008.

    Judge Leighton’s order states:

    “Environmental injury, by its nature, is often permanent or at least of long duration” (page 11)
    “The public interest favors compliance with environmental laws” (page 12) and the Clean Water Act requires strict enforcement to effectuate its purpose of protecting sensitive aquatic environments” (id)
    “…More than 100 cities and counties in Western Washington are subject to the Phase I [stormwater] Permit’s default flow control standard and are apparently able to comply with its requirements.” (id)

    “Our association applauds the judge’s order because it reinforces that we need to do everything we can to stop undermining water quality,” said Dvija Michael Bertish of the Rosemere Neighborhood Association. “Clark County has ignored the public’s concerns about stormwater violations,and we hope the court’s decision will bring the County back into
    compliance with the law in order to protect the water and endangered species.”

    “Columbia River salmon and our communities need clean water,” stated Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “Clark County must take steps to reduce pollution.”

    The clean water groups include Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center. They are represented by attorneys Janette Brimmer and Jan Hasselman of Earthjustice.

    A copy of the ruling is available here: SJOrderGrantingPreliminaryInjunction12-28-11.pdf

    To view this Press Release in pdf format click here: For Immediate Release:Federal Judge Suspends County’s Inadequate Polluted Runoff Standards.pdf

    ##

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