ELR Citation: 54 ELR 20086
No(s). 21-35881, 21-35899, and 22-35061 (9th Cir. Jun 10, 2024)

The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known as the "wharf." A district court granted partial summary judgment for the operators, holding the terminal's 2010 and 2015 industrial stormwater general permits (ISGPs) did not extend to the entire footprint of facilities that conducted industrial activity. The appellate court found the plain text of the two ISGPs required a transportation facility conducting industrial activities to implement stormwater controls across the entire facility, that the terminal was conducting industrial activities, and that the operators needed to implement appropriate stormwater controls across the footprint of the terminal while the ISGPs were in effect. It reversed summary judgment for the terminal operators on this issue.