DRA Brings Clean Water Act Lawsuit to the Ninth Circuit
The DRA’s important Clean Water Act lawsuit against Portland General Electric is moving to the Federal Ninth Circuit Court of Appeals. This afternoon, DRA notified Oregon’s Federal District Court that we will be appealing that Court’s recent decision in the case.DRA brought this lawsuit in the summer of 2016. We are seeking to enforce requirements—for temperature, pH, and dissolved oxygen—found in the Clean Water Act certification for the Pelton Round Butte Hydroelectric Project. After several notable victories in the case—affirming the authority of citizen groups to bring lawsuits like this one—we suffered our first setback in early August. At that time, the Court ruled against DRA for the first time, finding that PGE was not in fact violating its water quality certification. This ruling came despite an undisputed record demonstrating hundreds of instances where Project discharges exceeded the certification’s numeric water quality standards.We believe it is essential that this fight continue, and are eager to present our case to the Ninth Circuit. Under the Court’s recent decision, PGE is not required to meet numeric water quality standards at Pelton Round Butte, or even to take the certification’s specified actions to come into compliance with those standards. In short, under the Court’s interpretation, the certification does not ensure compliance with Oregon’s water quality standards.We believe this interpretation is contrary to the mandates of the Clean Water Act, and of the Pelton Round Butte water quality certification itself. The failure of the Project to meet these critical water quality standards has coincided with severe ecological changes in the lower Deschutes River. These standards were developed for the express purpose of protecting aquatic life, and we will continue to fight to make sure these standards are enforced.Today marks the next step in our journey to protect and restore the lower Deschutes River. We believe this action is essential for the future of the river we love. Further, the Clean Water Act must remain a powerful, enforceable tool to protect this country’s waters for future generations.As always, this fight would not be possible without your support. Thank you for all you’ve helped us accomplish, and for joining us as we move forward with our efforts.
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