Motion for partial summary judgment in Wild Fish Conservancy v. Cooke Aquaculture Pacific LLC

Defendant operated eight net pen facilities across Puget Sound until the collapse of its Cypress Site 2 (“Cypress 2”) facility on or about August 20, 2017. (See Dkt. No. 1 at 9–10.) The collapse resulted in the release of thousands of Atlantic salmon into Puget Sound. (Id.) While Cypress 2 is no longer operational, Defendant continues to operate its other seven net pen facilities under its NPDES permits.1 On August 24, 2017, Plaintiff sent Defendant a “Notice of Intent to Sue Under the Clean Water Act” letter (“notice letter”) and sent a supplemental notice letter on September 6, 2017. (Id. at 22, 30.) On November 13, 2017, Plaintiff filed a complaint against Defendant asserting several CWA violations, including that Defendant’s plans are facially noncompliant with their respective permits. (See id. at 2.) Plaintiff’s motion for partial summary judgment asks the Court to find that Defendant’s plans violated Conditions S6 and S7 of their NPDES permits. (Dkt. No. 29 at 5–6.)