SAN FRANCISCO – A nonprofit corporation based in Garberville alleges an Arcata-based lumber company is violating the Clean Water Act.
Ecological Rights Foundation filed a complaint on Dec. 30 in the U.S. District Court for the Northern District of California against
Schmidbauer Lumber Inc. and Schmidbauer Building Supply LLC
citing the Federal Water Pollution Control Act.
According to the complaint, the plaintiff alleges that the defendants unlawfully discharge pollutants from their Eureka facility in violation of the Clean Water Act. The plaintiff holds Schmidbauer Lumber Inc. and Schmidbauer Building Supply LLC responsible because the defendants allegedly have not implemented a stormwater pollution protection plan at the facility, not implemented a best management practice and other counts.
The plaintiff requests a trial by jury and seeks to enjoin the defendants, order the defendants to restore all waters damaged, civil penalties of up to $51,570 per day, all legal fees and any other relief as the court deems just. It is represented by Christopher Sproul and Jodene Isaacs of Environmental Advocates in San Francisco and Fredric Evenson of Ecology Law Center in Santa Cruz.
U.S. District Court for the Northern District of California Case number 1:16-cv-07401-NJV