Olympic Forest Coalition v. Coast Seafoods Co., No. 16-35957 (9th Cir. 2018)
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Pipes, ditches, and channels that discharge pollutants from non-concentrated aquatic animal production facilities are point sources within the meaning of 33 U.S.C. 1362(14). The Ninth Circuit affirmed the district court's denial of a motion to dismiss an action under the Clean Water Act, alleging that discharges from Coast Seafoods' hatchery required a National Pollution Discharge Elimination System (NPDES) permit. The panel held that, assuming the allegations in the complaint were true, there were discharges of chlorine from the hatchery's pipes, ditches,
and channels that required an NPDES permit.
Court Description: Environmental Law. The panel affirmed the district court’s denial of a motion to dismiss a Clean Water Act suit alleging that discharges from the defendant’s oyster hatchery required a National Pollution Discharge Elimination System permit. The panel held that pipes, ditches, and channels that discharge pollutants from non-concentrated aquatic animal production facilities are “point sources” requiring an NPDES permit.
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