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Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (2000)
51 ERC 1545, 31 Envtl. L. Rep. 20,246, 00 Cal. Daily Op. Serv. 8692...

[16] Environmental Law Lumber’s Yager Camp and Carlotta mill operations in
Notice requirements Humboldt County, California. The district court granted
Pacific Lumber’s motion for summary judgment on the
Even if environmental groups’ 60-day notice ground that the plaintiffs lacked standing to sue. ERF and
letter to logging company, which was Mateel appeal the district court’s standing ruling. We
prerequisite to bringing suit under Clean Water conclude that the district court’s approach to standing
Act (CWA), was inadequate as to company cannot be squared with Friends of the Earth v. Laidlaw,
facility that included truck wash operation, 528 U.S. 167, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000),
composting area, and log decks, such decided after the district court judgment issued in this
inadequacy did not require dismissal of groups’ case, and that applying Laidlaw, the two plaintiff
action in its entirety, absent allegation that organizations do have standing to pursue this litigation.
notice letter relating to company’s separate Because Pacific Lumber’s other arguments, whether valid
sawmill facility was also deficient. Federal or not, would not support dismissal of this case, we
Water Pollution Control Act Amendments of reverse the judgment and remand the case for further
1972, § 505(b)(1)(A), 33 U.S.C.A. § district court proceedings.
1365(b)(1)(A); 40 C.F.R. § 135.3.
I.

1 Cases that cite this headnote Background

Attorneys and Law Firms 1. Yager Creek
Yager Camp and the Carlotta sawmill both abut Yager
*1143 Sharon E. Duggan, San Francisco, California, and Creek. Runoff from these two facilities drains into the
William Verick, Klamath Environmental Law Center, creek and waterways further downstream. The creek
Eureka, California, for the plaintiffs-appellants. flows through Yager Camp, a 150–acre site that includes
a truck wash operation, a composting area, and log decks
Jared G. Carter, Scotia, California, and Michael D. to store logs before they are sent to the Carlotta sawmill.
Macomber and Frank Shaw Bacik, Ukiah, California, for The mill, located just downstream of Yager Camp,
the defendant-appellee. occupies more than 70 acres alongside the creek. The mill
facility also includes truck shops, an aggregate crusher,
and more log decks.

*1144 Appeal from the United States District Court for Yager Creek flows into the Van Duzen River about a mile
the Northern District of California; Marilyn Hall Patel, below the Carlotta mill. The Van Duzen in turn empties
District Judge, Presiding. D.C. No. CV–97–00292–MHP. into the Eel River, and the Eel reaches the Pacific Ocean
about 12 miles from Pacific Lumber’s facilities. Yager
Before: BOOCHEVER, TROTT and BERZON, Circuit Creek and the other rivers in the Eel River system are
Judges. used for swimming, boating, and other recreational
activities. Various forms of wildlife inhabit the area
Opinion nourished by Yager Creek, and fish use the creek to
migrate to their spawning grounds.
BERZON, Circuit Judge:
Several members of ERF and Mateel use Yager Creek for
Plaintiff organizations Ecological Rights Foundation recreation. They particularly enjoy their visits because
(“ERF”) and Mateel Environmental Justice Foundation they can view wildlife in and around the creek. The
(“Mateel”) brought this lawsuit against Pacific Lumber organizations’ members avoid some activities they would
Company alleging various violations of the Federal Water otherwise enjoy in and around Yager Creek, however,
Pollution Control Act of 1972, better known as the Clean because they fear that runoff from Pacific Lumber’s two
Water Act, see 33 U.S.C. § 1251 et seq., at Pacific facilities is damaging the creek and its wildlife, and enjoy

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