On April 24, 2019, Defendant and Ecology entered a consent decree to resolve Defendant’s liability related to the Cypress 2 collapse and the corresponding violations identified by Ecology in its notice of administrative penalty. (See Dkt. No. 74-1 at 4–11.) On April 25, 2019, the Pollution Control Board, pursuant to the consent decree, dismissed Defendant’s appeal of Ecology’s administrative penalty. (Id. at 18.) Defendant has not conducted net-pen operations at Cypress 2 since its collapse in August 2017. (Dkt. No. 43 at 3.) In fact, the Cypress 2 facility no longer exists, and its remains were ultimately salvaged and removed from the site following the collapse. (Id.; see Dkt. No. 29-2 at 210–12.) Defendant states that it has no intention of rebuilding Cypress 2. (Dkt. No. 43 at 3.) On December 21, 2018, Defendant requested that Ecology terminate the permit for Cypress 2. (Dkt. No. 86 at 4.) On August 29, 2019, Ecology informed Defendant that it had completed its closure monitoring of Cypress 2 and that the permit would be terminated as of September 28, 2019. (See Dkt. No. 86 at 6.) Defendant has represented that it has not appealed the decision. (See Dkt. No. 84 at 9.) Defendant continues to operate its other seven net pen facilities under its NPDES permits. (See Dkt. Nos. 29-2 at 7–62, 44 at 4–33.)
Defendant now moves to exclude Plaintiff’s expert opinions on risk of failure (Dkt. No. 82), Plaintiff moves for partial summary judgment on multiple claims (Dkt. No. 79), and Defendant moves for partial summary judgment on the grounds of res judicata and mootness (Dkt. No. 84).