Columbia River Channel Deepening – Summary Judgment Motion
Ballast Water Summary Judgement Motion
NWEA Opening Brief Partial Summary Judgement – Idaho Mercury
Mercury is a pervasive toxic pollutant that has significant deleterious effects on aquatic life—including imperiled species of salmon—as well as on aquatic-dependent life, such as the birds and mammals that consume those fish.
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.
Medford Summary Judgement June 2021
Plaintiff is entitled to summary judgment on the First Claim for relief. A dispute of material fact prevents either party from obtaining summary judgment on the Second or Third Claims for relief. Therefore. Plaintiffs motion (#34) should be GRANTED in part and DENIED in part, and the defendants’ motion (#40) should be DENIED.
Order on Summary Judgement WA Water Quality Standards
Having considered all three reasons that EPA advanced in denying the petition and applied the highly deferential standard under Massachusetts, the Court finds that EPA’s denial of NWEA’s petition and refusal to make a necessity determination was arbitrary, capricious, and ungrounded in the CWA. Based on this finding, the Court VACATES EPA’s denial of NWEA’s petition and REMANDS this matter to EPA for further consideration consistent with this Order.