No. 16-35957.

884 F.3d 901 (2018)

OLYMPIC FOREST COALITION, a Washington corporation, Plaintiff-Appellee, v. COAST SEAFOODS COMPANY, a Washington corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2018.

Attorney(s) appearing for the Case

Bruce L. Campbell (argued), Miller Nash Graham & Dunn LLP, Portland, Oregon, for Defendant-Appellant.

Paul A. Kampmeier (argued), Kampmeier & Knutsen, PLLC, Seattle, Washington; Brian A. Knutsen , Kampmeier & Knutsen, PLLC, Portland, Oregon; for Plaintiff-Appellee.

Samuel W. Plauché and Amanda M. Carr , Plauché & Carr LLP, Seattle, Washington, for Amici Curiae Pacific Coast Shellfish Growers Association and East Coast Shellfish Growers Association.

Robert W. Ferguson , Attorney General; Ronald L. Lavigne , Senior Counsel; Olympia, Washington, for Amicus Curiae State of Washington, Department of Ecology.

Before: Ferdinand F. Fernandez, William A. Fletcher, and Michael J. Melloy, Circuit Judges.


Olympic Forest Coalition ("Olympic Forest") brought suit against Coast Seafoods Company ("Coast") under the Clean Water Act ("CWA" or "Act"), contending that discharges from Coast's oyster hatchery through "pipes, ditches, and channels" require a National Pollution Discharge Elimination System ("NPDES...

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