NWEA Response Brief Appelate Court Aug 2020

Since 1945, Washington law has mandated “the use of all known, available and reasonable methods by industries and others to prevent and control the pollution of the waters of the state of Washington”—known as “AKART”—in order “to maintain the highest possible standards to insure the purity of all waters of the state.

NWEA v Medford Opening Brief

Northwest Environmental Advocates (“NWEA”) hereby moves the Court for an order granting it summary judgment on the issue of Defendant City of Medford’s liability for all three claims alleged in NWEA’s complaint. Pursuant to the Court’s bifurcation order (Dkt. #9), all remedy issues are reserved for subsequent discovery and briefing. In compliance with Local Rule 7–1(a), the parties made a good faith effort through both personal and telephone conferences to resolve this dispute, but have been unable to do so.

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