Center for Environmental Law and Policy; and Wild Fish Conservancy v. United States Fish and Wildlife Service: Order granting plaintiff’s motion for partial summary judgement

As explained below, because EPA’s 1981 letter was not a decision issuing a permit under section 402 of the CWA, this Court has jurisdiction to review CELP’s claims under the CWA’s citizen suit provision. And CELP’s claims are not barred by claim preclusion because the parties to this case and Washington Trout’s 2005 action are not the same. On the merits of CELP’s claims, the Hatchery’s NPDES permit expired on August 31, 1979. The permit was not automatically extended, and EPA has not issued a new NPDES permit. The Hatchery has therefore been discharging pollutants into Icicle Creek without an NPDES permit throughout the statute-of-limitations period. Accordingly, FWS’s Motion for Judgment on the Pleadings and Motion for Summary Judgment are denied; CELP’s Motion for Partial Summary Judgment is granted.