Alaska Employment Law

Judge Ralph Beistline has held that the City of Seward violated the Clean Water Act by failing to apply for a National Pollution Discharge Elimination System permit concerning discharge of storm water into its harbor.  In the course of reaching that conclusion, Beistline rejected standing challenges to plaintiffs Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics, and held that the City of Seward was the “operator” as well as the owner of two “industrial facilities,” the Small Boat Harbor and Boat Repair Area. 

Beistline ordered the City to start the application process within 90 days.  He decided not to impose any civil fine because “evidence of actual pollution is not overwhelming,” there was no evidence of economic benefit to Seward, fines “would have a severe economic impact on the City,” etc.

Resurrection Bay Conservation Alliance v. City of Seward, 2008 WL 508499 (D.Alaska Feb. 21, 2008)

Michael Steeves and Victoria Clark of Trustees for Alaska represented plaintiffs.  Cheryl Brooking of Wohlforth Johnson represented Seward.