Jump to Navigation
Jump to Content

Kitlutsisti v. ARCO Alaska, Inc.

Citation: 14 ELR 20691
No. No. A82-254 CIV, 592 F. Supp. 832/21 ERC 1608/(D. Alaska, 06/28/1984) Memorandum issued

The court rules that the Federal Water Pollution Control Act (FWPCA) does not require injunction of discharges not covered by national pollutant discharge elimination system (NPDES) permits. The court first rules that the unpermitted discharges from defendants' offshore drilling violate the FWPCA. The Act does not require injunction of such discharges, the court rules, but does require that the discharges be brought into compliance. After reviewing the applicable requirements of the Act, the court allows drilling to continue without a permit during the 1984 season, provided that defendants comply with best available technology pollution control standards, which would be called for in a lawful permit. In addition, the court bars 1985 drilling absent new NPDES permits, noting that plaintiffs' right to comment on proposed permits will be vindicated in the associated proceedings.

[The full reasons for the court's decision are set out in the court's opinion of July 24, 1984, 14 ELR 20691. Also, in a minute order dated July 24, 1984 (not reprinted in ELR), the court vacated holding (2) in the opinion printed below — Ed.]

Counsel for Plaintiffs
Jeffrey M. Eustis
Trustees for Alaska
833 Gambell St., Suite B, Anchorage AK 99501
(907) 276-4244

Counsel for Defendants
Thomas E. Meacham
Burr, Pease & Kurtz
810 N St., Anchorage AK 99501
(907) 276-6100

Bruce Landon, Ass't U.S. Att'y
701 C St., Box 9, Anchorage AK 99513
(907) 271-5071

Counsel for Defendant-Intervenor
Carl Bauman
Hughes, Thorsness, Gantz, Powell & Brundin
509 W 3d Ave., Anchorage AK 99501
(907) 274-7527