Ecological Rights Foundation v. Pacific Lumber Co.

MEMORANDUM AND ORDER

On January 28, 1997, plaintiffs Ecological Rights Foundation (“ERF”) and Ma-teel Environmental Justice Foundation (“Mateel”) filed this action against Pacific Lumber Co. (“PALCO”) alleging violations of the Federal Water Pollution Control Act of 1972 (“Clean Water Act,” “CWA,” or the “Act”), as amended, 33 U.S.C. §§ 1311 et seq., California Health & Safety Code section 25249.5 (“Proposition 65”), and California Business & Professions Code sections 17200 et seq. Plaintiffs seek declaratory and injunctive relief as well as the imposition of civil monetary penalties for PALCO’s alleged violations of the Clean Water Act and state law.

PALCO now seeks summary judgment on several threshold jurisdictional issues. Plaintiffs likewise seek summary judgment on the issue of standing and on PALCO’s liability under the CWA. Having considered the parties’ arguments and submissions, and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Plaintiffs are Humboldt County-based environmental organizations whose purpose is to educate citizens about environmental issues concerning harm to their health, the environment and other…