Steilacoom Lake Improvement Club Inc. v. Washington Department of Natural Resources

MEMORANDUM *

Steilaeoom Lake Improvement Club, Inc. (SLIC) appeals the district court’s order granting summary judgment to the United States, the State of Washington, Pierce County, the City of Lakewood, and individuals associated with the government parties (collectively “defendants”) on SLIC’s claims asserting violations of the Clean Water Act (CWA), 83 U.S.C. § 1251 et seq., and the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., as well as state law claims of negligence, nuisance, inverse condemnation, and trespass. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 1

I

Steilaeoom Lake, an artificial lake in Pierce County, Washington, has an overabundance of phosphorus, which causes excessive weeds and algae and prevents the lake from meeting state water quality standards. 2 Pierce County, the City of Lakewood, and the United States own properties in the Steilaeoom Lake watershed that drain into Steilaeoom Lake’s two tributaries, Clover Creek and Ponce de Leon Creek. SLIC argues that under its evidence the defendants should be held responsible for Steilaeoom Lake’s weedy and algal condition because their properties add an unknown but…