ELR Citation: 51 ELR 20112
No(s). 2:20-CV-147-RMP (E.D. Wash. Jun 17, 2021) (Peterson, J.)

A district court granted partial summary judgment in a CWA citizen suit brought against the owner of a mine in Washington. The state of Washington and an environmental group argued the mine owner had violated various terms of its NPDES permit. The owner asserted the claims were barred because there had been no discharge of a pollutant from a point source to navigable waters nor an addition of a pollutant, as required to establish jurisdiction under the CWA. The court found plaintiffs did not need to demonstrate that there had been a discharge or addition of pollutants from a point source to navigable waters because citizens could bring CWA suits to enforce an NPDES permit condition, including planning, monitoring, and reporting requirements, as well as state standards incorporated into a permit. It therefore granted partial summary judgment for plaintiffs.