United States District Court, W.D. Washington
ORDER GRANTING AMICUS PARTIES' MOTION FOR LEAVE
TO FILE A BRIEF, RENOTING MOTIONS FOR SUMMARY JUDGMENT, AND
REQUESTING SUPPLEMENTAL BRIEFING
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant Port of
Tacoma's (“Port”) motion for partial summary
judgment, Dkt. 176, Amicus Parties Washington Public Ports
Association and Washington Maritime Federation's
(“Amici”) motion for leave to file amici curiae
brief, Dkt. 182, Plaintiff Puget Soundkeeper Alliance's
(“Soundkeeper”) motion for partial summary
judgment, Dkt. 196, the Port's cross-motion for summary
judgment, Dkt. 210, and Cross-Defendant APM Terminals Tacoma,
LLC's (“APMT”) motion to dismiss amended
crossclaim, Dkt. 232. The Court has considered the pleadings
filed in support of and in opposition to the motion and the
remainder of the file and hereby rules as follows:
13, 2018, Soundkeeper filed a third amended complaint
bringing a citizen suit under Section 505 of the Clean Water
Act (“CWA”) as amended, 33 U.S.C. § 1365,
against Defendants APMT, the Port, SSA Marine, Inc., and SSA
Terminals, LLCs. Dkt. 109.
November 15, 2018, the Port filed a motion for summary
judgment requesting that the Court dismiss Soundkeeper's
“claims arising from stormwater discharges to the
Wharf.” Dkt. 176 at 18.
November 30, 2018, Amici filed a motion for leave to file a
brief in support of the Port's motion. Dkt. 182.
December 3, 2018, Soundkeeper responded to the Port's
motion for summary judgment. Dkt. 185. On December 7, 2018,
the Port replied. Dkt. 189.
December 17, 2018, Soundkeeper responded to Amici's
motion. Dkt. 192. On December 21, 2018, Amici replied. Dkt.
January 10, 2019, Soundkeeper filed a motion for summary
judgment. Dkt. 196. On January 28, 2019, the Port responded
and filed a cross-motion for summary judgment. Dkts. 209,
210. On February 1, 2019, Soundkeeper replied. Dkt. 218. On
February 19, 2019, Soundkeeper responded to the cross-motion.
Dkt. 229. On February 22, 2019, the Port replied. Dkt. 231.
February 22, 2019, APMT filed a motion to dismiss the
Port's crossclaim. Dkt. 232. On March 18, 2019, the Port
responded. Dkt. 238. On March 22, 2019, APMT replied. Dkt.
issue in this case are industrial stormwater discharges at a
large marine cargo terminal (“Terminal”) used for
ship unloading and cargo distribution. The Court will address
the stormwater permitting process in general and then the
facts of this case.
The Federal Statutes
is intended to “restore and maintain the chemical,
physical, and biological integrity of the Nation's
waters.” 33 U.S.C. § 1251(a). To that end, the CWA
makes it unlawful to discharge any pollutant from a point
source to navigable waters without a permit. Id.
§§ 1311(a), 1362(12). The National Pollutant
Discharge Elimination System (“NPDES”) program is
“[a] central provision of the Act” requiring that
“individuals, corporations, and ...