Environmental Protection Information Center v. Pacific Lumber Co.

MEMORANDUM & ORDER

Parties’ Cross-Motions for Summary Judgment

On July 24, 2001 plaintiff Environmental Protection Information Center (“EPIC”), a non-profit environmental organization, brought a citizen-suit action under section 505(a) of the Clean Water Act (“CWA”), 33 U.S.C. section 1365 (a), against Pacific Lumber Company and Scotia Pacific Lumber Company (collectively “PALCO”), the Environmental Protection Agency (“EPA”), and Christine Todd Whitman as EPA Administrator.

Now before the court are PALCO’s motion for summary judgment regarding EPIC’s first and second claims for relief and EPIC’s cross-motion for summary-judgment on the issue of PALCO’s liability. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows.

BACKGROUND

1. Background Facts

In each of its prior decisions the court has set forth the underlying facts of this action in significant detail, and it is not necessary to restate that background here in order to resolve the motions currently before the court. The court, rather, need only reframe the core dispute.

At the heart of this litigation is Bear Creek, a brook situated several miles…