This case involves the hundreds of pipes, ditches, culverts, and other sources that emit pollution into the Bear Creek watershed. Under the Federal Clean Water Act (CWA), it is illegal to discharge pollution into the waters of the United States from such "discrete conveyance points" unless it is covered by a permit under the National Pollutant Discharge Elimination System (NPDES). EPIC filed a complaint on July 24, 2001 to compel Pacific Lumber to obtain NPDES permits for discharges from such points, and we submitted a motion for a preliminary injunction on July 31. Pacific Lumber submitted a motion to dismiss the case in August 2001. We filed a motion for a temporary restraining order (TRO), and the hearing on the motion was held on August 13 with the judge ruling against us. On September 25, 2001 we submitted our opposition to Pacific Lumber's motion to dismiss and an amended complaint that adds the EPA as a defendant to the lawsuit and additional claims that challenge the relevant regulations. Pacific Lumber's motion to dismiss was withdrawn in October 2001.
EPIC is represented in this case by Michael Lozeau and the Stanford University Law Clinic of Earthjustice Legal Defense Fund.
