SAN FRANCISCO (Legal Newsline) – A nonprofit organization working to protect surface waters from pollution alleges that a sawmill site that ceased operation in 2016 is causing pollution in surrounding waters.
Ecological Rights Foundation filed a complaint on Aug. 25 in the U.S. District Court for the Northern District of California against Sierra Pacific Industries Inc. citing the Federal Water Pollution Control Act.
According to the complaint, the plaintiff alleges that the defendant's Arcata facility violates California's general permit for discharges of storm water associated with industrial activities. It alleges the defendant's facility is discharging polluted stormwater into the Mad River Slough and Humboldt Bay.
The plaintiff seeks declaration that the defendant has violated the Clean Water Act, civil monetary penalties at $37,500 per day per violation, enjoin the defendant, all legal fees and any other relief as the court deems just. It is represented by Jason Flanders and Anthony Barnes of Aqua Terra Aeris Law Group in Albany, California.
U.S. District Court for the Northern District of California case number 1:17-cv-04972-NJV