Claims of toxic discharges from PacifiCorp dams leads to lawsuit

August 23, 2007

Portland Business Journal

California is being sued for failing to regulate toxic discharges from PacifiCorp's Klamath dams and reservoirs.

The Klamath Riverkeeper, the Karuk Tribe of California, and the Pacific Coast Federation of Fishermen's Association filed the lawsuit Thursday against the California Regional Water Quality Control Board, North Coast region.

The groups petitioned the board in February demanding that it establish limits on the amount of the highly toxic algae Microcystis aeruginosa that can be discharged into the river by Iron Gate and Copco dams. The dams are located in the Northeast corner of California . The dams are owned by Portland-based PacifiCorp, which is owned by billionaire Warren Buffett's MidAmerican Energy Holdings Co.

The groups have sought the removal of the dams, which they claim degrade water quality and destroy salmon runs without providing flood control, irrigation diversions or substantial amounts of electricity to downstream communities.

In March the board denied the petitioners request, saying they lacked the authority to regulate PacifiCorp.

The suit filed in California Superior Court in Sonoma County argues that Congress passed the Clean Water Act explicitly to preserve and expand states' authority to regulate water quality.

On Aug. 17 a federal judge ruled that tribal members, commercial fishermen and business owners along the river can sue PacifiCorp for damages associated with the pollution.

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Source:  http://www.bizjournals.com/portland/stories/2007/08/20/daily28.html