Environmental Protection Information Center v. Pacific Lumber Co.

Order Motion to Dismiss

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. § 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. EPIC’s complaint alleges that PALCO violated the CWA, the Porter-Cologne Act, and California’s Unfair Competition Law, Cal. Bus & Prof. Code § 17200 et seq., when it discharged pollutants without a CWA permit. For these alleged violations, EPIC seeks declaratory and injunctive relief, civil remedies, and restitution.

On August 16, 2001, the court denied EPIC’s motion for a temporary restraining order. PALCO and' EPA subsequently filed separate motions to dismiss the action, and EPIC, in response,- filed an amended complaint on September 24, 2001, adding a third claim challenging the non-point source provision of the relevant regulation. On June 6, 2003, the court denied EPA’s motion to dismiss and denied PAL-CO’s motion to dismiss in part, concluding…