Lee Ristick vs. Pierce County: A Comprehensive Legal Battle Over Environmental Protection

The legal battle between environmental advocate Lee Ristick and Pierce County has been a highly contested and significant case with far-reaching implications for environmental protection and public health. This article aims to provide a comprehensive overview of the case, including its history, arguments, and rulings, as well as its impact on environmental policy.

Background

Lee Ristick is a resident of Gig Harbor, Washington, who has long been involved in environmental activism. In 2005, he filed a lawsuit against Pierce County, alleging that the county had violated the Clean Water Act by failing to control stormwater runoff into Puget Sound.

Stormwater runoff is a major source of pollution in Puget Sound, carrying pollutants such as sediment, nutrients, and toxic chemicals into the water. These pollutants can harm marine life, damage habitat, and make the water unsafe for swimming and fishing.

Pierce County argued that it was not responsible for stormwater runoff because it did not own or operate the stormwater system. The county also claimed that it had taken steps to reduce stormwater pollution, such as implementing a stormwater management plan.

Legal Arguments

Ristick argued that Pierce County had a legal duty to control stormwater runoff under the Clean Water Act. He pointed to the fact that the county had authority over the development and permitting of land use, which had a significant impact on stormwater runoff.

Pierce County argued that it did not have a legal duty to control stormwater runoff because it did not own or operate the stormwater system. The county also argued that it had taken steps to reduce stormwater pollution, such as implementing a stormwater management plan.

Rulings

In 2014, the Ninth Circuit Court of Appeals ruled in favor of Ristick, holding that Pierce County had a legal duty to control stormwater runoff under the Clean Water Act. The court found that the county had authority over land use development and permitting, which had a significant impact on stormwater runoff.

In 2016, the Supreme Court declined to review the Ninth Circuit's ruling, letting the lower court's decision stand.

Impact

The Lee Ristick vs. Pierce County case has had a significant impact on environmental policy in the United States. The ruling has made it clear that local governments have a legal duty to control stormwater runoff under the Clean Water Act.

The ruling has also led to increased enforcement of the Clean Water Act by the Environmental Protection Agency (EPA). The EPA has since taken action against other local governments for failing to control stormwater runoff.

Pros and Cons of the Ruling

Pros:

• Ensures that local governments are held accountable for controlling stormwater runoff
• Protects water quality in Puget Sound and other waterways
• Sets a precedent for other local governments to take action to control stormwater runoff

Cons:

• May lead to increased costs for local governments to comply with the Clean Water Act
• May slow down development and land use permitting
• May not be effective in reducing stormwater pollution in all cases

FAQs

Q: What is stormwater runoff?
A: Stormwater runoff is water that flows over land after a storm event. It can carry pollutants such as sediment, nutrients, and toxic chemicals into waterways.

Q: Why is stormwater runoff a problem?
A: Stormwater runoff can harm marine life, damage habitat, and make water unsafe for swimming and fishing.

Q: What is the Clean Water Act?
A: The Clean Water Act is a federal law that regulates water pollution. It requires local governments to control stormwater runoff to protect water quality.

Q: What was the outcome of the Lee Ristick vs. Pierce County case?
A: The Ninth Circuit Court of Appeals ruled in favor of Ristick, holding that Pierce County had a legal duty to control stormwater runoff under the Clean Water Act.

Q: What is the impact of the ruling?
A: The ruling has made it clear that local governments have a legal duty to control stormwater runoff under the Clean Water Act. It has also led to increased enforcement of the Clean Water Act by the EPA.

Call to Action

Everyone has a role to play in protecting water quality. Here are some things you can do to help:

• Reduce your use of fertilizers and pesticides
• Pick up after your pets
• Properly dispose of household hazardous waste
• Volunteer with a local environmental organization
• Support policies that protect water quality

By working together, we can ensure that our waterways are clean and healthy for generations to come.

Tables

Table 1: Estimated Costs of Stormwater Management in the United States

Table 2: Pollutants Found in Stormwater Runoff

Table 3: Benefits of Stormwater Management