Big Win for Clean Water | Columbia Riverkeeper

December 18, 2013

VICTORY! Clark County Agrees to Improve Salmon Habitat and Comply with Stormwater Pollution Laws

Coho-Salmon-Oregon-Department-of-Wildlife — Photo by Oregon Department of Wildlife.

Columbia Riverkeeper and partners celebrate a major victory in a long running effort to protect critical salmon habitat. On December 18, 2013, Clark County Commissioners voted to improve salmon habitat and reduce dirty stormwater pollution as part of a binding settlement agreement with neighborhood and conservation groups.

Columbia Riverkeeper, the Rosemere Neighborhood Association, and the Northwest Environmental Defense Center challenged Clark County’s violation of laws designed to protect salmon and reduce pollution. After the County lost several rounds of litigation, the County has agreed to take steps to correct the problem. See press release.

“This agreement means cleaner water and more salmon for the region as a whole,” stated Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “The County will now act to reduce polluted stormwater and invest in protecting salmon. It’s a win-win.”

Among other things, Clark County agreed to:

comply with the Clean Water Act
provide $3 million in funding to an independent third party, the Lower Columbia Fish Recovery Board, that will oversee projects to protect and restore Clark County rivers and streams harmed by stormwater pollution.

“This is a win for clean water and healthy salmon runs in Clark County,” said John Felton, chair of the Rosemere Neighborhood Association. “This is a good result for the community as a whole.”

Read The Columbian's coverage of this victory

Third time is a charm.

In a resounding victory for communities that rely on eating healthy Columbia River fish and swimming in clean water, a federal court sided with Columbia Riverkeeper and allies at the Rosemere Neighborhood Association and the Northwest Environmental Defense Center by requiring Clark County to comply with the Clean Water Act and deal with dirty stormwater pollution. This marks the third court that has rejected Clark County’s attempt to pass the burden of stormwater pollution on to the public.

In urban areas, rain runs across dirty pavement and parking lots, picking up toxic metals, oil, grease, bacteria and other contaminants, which all flow into our rivers and streams. The U.S. Environmental Protection Agency identifies stormwater pollution as a major cause of pollution in our nation’s waterways. The State of Washington, therefore, adopted laws that require large counties to manage stormwater. These laws have led to positive changes in green building techniques, rain gardens, and more green space.

Not only has Clark County violated the law, it is ignoring the very real economic and quality of life costs associated with stormwater pollution. For example, stormwater pollution:

Increases flooding—for example, the Federal Emergency Management Agency (FEMA) estimates that stormwater causes or contributes to at least one quarter of economic losses due to flooding—or $1 billion per year
Adds costs to providing safe drinking water
Threatens public health
Impacts fishing opportunities and water recreation

Clark County needs to stop appealing and adequately deal with dirty stormwater pollution

Plaintiffs push federal stormwater case: Environmental groups’ attorneys ask court to allow matter to proceed

History of this case

The latest federal court victory is a long time coming. In 2009, Ecology ruled that Clark County violated the law. Ecology changed course and cut a sweetheart deal that made Clark County the only large county in the state to avoid critical steps to reduce stormwater pollution. In 2010, our coalition of local citizens and conservation groups successfully challenged Clark County’s illegal action and this sweetheart deal.

In 2011, Washington’s Pollution Control Hearings Board ruled in our favor, stating that the County’s failure to control polluted runoff violated state laws to protect clean water. A federal court also found that Clark County’s actions likely violate the federal Clean Water Act. Despite the Board’s decision, Clark County refused to comply with clean water requirements. Riverkeeper and partners again turned to the justice system.

Our effort to hold Clark County accountable for dirty pollution required trips to both state and federal courts. On September 24, 2012, the Washington State Court of Appeals ruled on the side of clean water, rejecting Clark County’s attempts to evade the Clean Water Act’s requirements to address a major threat to clean rivers—dirty stormwater pollution.

To ensure the county fixes damage caused by the building projects it authorized illegally, Riverkeeper also filed a citizen enforcement lawsuit in federal court. On June 7, 2013 Judge Leighton ruled that Clark County violated its Clean Water Act permit from August of 2008 through December of 2011. Back in 2011, the judge’s issued an injunction ordering the county to follow state stormwater protection laws. Therefore, Clark County will have to pay the price for ignoring federal and state laws aimed at reducing toxic pollution in fish, murky water, and swim advisories.

At Columbia Riverkeeper, we’re committed to enforcing laws that guarantee our right to safe, clean rivers. We salute our team of attorneys at Earthjustice and coalition of partners at the Clark County-based Rosemere Neighborhood Association and the Northwest Environmental Defense Center for bringing home a major victory for our Columbia River and its tributaries.

Learn more & support Riverkeeper's clean water enforcement work.