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Environmental Impact Litigation
Smith & Lowney works with clients to develop "impact litigation" strategies to translate specific lawsuits
into regional or statewide environmental protection.
The following are representative cases:
Puget Soundkeeper Alliance v. Washington State Department of Ecology, PCHB Nos. 02-162 through 164.
Successfully challenged the broadest Clean Water Act permit in Washington State. The NPDES general permit
for industrial discharges covers approximately 1200 facilities. Obtained partial summary judgment: available
here. This victory forced industry to go to the Legislature for relief, leading to a negotiated legislative
process in which Smith & Lowney represented the environmental community. The process resulted in enactment of
ESSB 6415 (2004), which provides tougher standards for future industrial and construction stormwater permits
and creates a funded inspection program for these dischargers.
Washington Trout Harvest and Hatchery Litigation. Smith & Lowney has represented Washington Trout in a series
of successful lawsuits as part of its campaign to reform salmon hatchery and harvest practices in the Pacific
Northwest. We brought litigation against the State over its Puget Sound hatchery program’s compliance with
the Endangered Species Act and against the Federal Government for its approval of Puget Sound chinook harvest
Wild Puget Sound Chinook v. Koeings and Threatened Puget Sound Chinook v. Koenings, U.S. Dist. Ct. for the W.
Dist. of Wash.; Washington Trout v. Lohn, U.S. Dist. Ct. for the W. Dist. of Wash. This campaign is changing
the way the State and Federal Governments protect threatened and endangered salmon. Click here for
Washington Trout's press release.
Thomas v. Albertson’s Inc.; Dolin, et al., v. Safeway Inc.; Krupp, et al., v. Kroger Co. Brought nationwide
class actions against the nation’s largest three grocery store chains for failing to label the artificial
coloring in their farmed salmon. These chains operate over 6,000 grocery stores. Suit resulted in a firestorm
of media attention across the nation. Within several weeks, Safeway, Kroger, Albertsons and other began
labeling the color additives in their farmed salmon. Damages suit on behalf of consumers is still
National Audubon Society v. Butler, U.S. District Ct. for the W. Dist. of Wash. Successfully challenged U.S.
Army Corps of Engineers' and U.S. Fish and Wildlife Service plan to "manage" world's largest colony of
Caspian terns in Columbia River estuary. Won case when Court granted summary judgment and injunctive
relief, 160 F.Supp.2d 1180 (W.D. Wash. 2001)
» For more information or to request a case evaluation, click here.