Oyster Hatchery Needs Permit For Discharges, 9th Circ. Says

Law360 (March 9, 2018, 7:52 PM EST) -- The Ninth Circuit on Friday upheld a lower court’s ruling that a Washington state oyster farming operation must face a Clean Water Act lawsuit filed by environmentalists, because the facility’s pipes, ditches and channels are “point sources” under the act and require a permit.

The question of whether such equipment actually qualified as CWA point sources was sent to the appeals court on interlocutory appeal from the Washington state federal judge hearing the case. Coast Seafoods Co. had sought to dismiss Olympic Forest Coalition’s lawsuit on...
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