Environmental Protection Information Center v. Pacific Lumber Co.

Motions to Dismiss

Plaintiff Environmental Protection Information Center (“EPIC”), a non-profit environmental organization in Humboldt County, California, brings this action on behalf of itself and its members against Pacific Lumber Company and Scotia Pacific Lumber Company (collectively “PAL-CO”), the Environmental Protection Agency (“EPA”), and Christine Todd Whitman as EPA Administrator. Pursuant to state law and the Clean Water Act (“CWA”), 33 U.S.C. § 1251 et seq., EPIC seeks declaratory and injunctive relief, civil penalties, and restitution for PALCO’s alleged discharge of pollutants into Bear Creek in Humboldt County. EPIC also challenges an EPA regulation that allegedly excludes PALCO’s actions from permitting required by the CWA. Now before the court are separate motions to dismiss by PALCO and EPA. After having considered the parties’ arguments, and for the reasons stated herein, the court rules as follows. BACKGROUND

I. Factual Background

At the heart of this action is the Bear Creek watershed, covering 5500 acres of land in Humboldt County, California. Bear Creek, a tributary of the lower Eel River, is located several miles upstream of Scotia, California.…