• 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 Lifts Stay on Clark County Stormwater Case

    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

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

    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.

  • Federal Judge Suspends County’s Inadequate Polluted Runoff Standards

    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

    ##

Videos, Slideshows and Podcasts by Cincopa Wordpress Plugin

viagra over the counter
generic viagra canada
Guaranteed cheapest viagra
buy viagra online discount
canadian pharmacy generic viagra
buy viagra now
buy cheap viagra online
Cheapest Viagra Online
best place to buy viagra online reviews
Buy viagra usa
buy sale viagra
buy isoptin
buy cheap viagra online
buy real viagra online
Buy viagra Mesa
buy viagra san francisco
Buy viagra where
usa cialis
cheap viagra 100mg
buy viagra with discount
best place to buy generic viagra online
buy viagra online canada
viagra best buy
viagra from canada