Conservation groups work together on protecting Fernan Lake
The Center For Justice just sent us a press release regarding the notice of intent to sue the Federal Highway Administration for multiple violations of the Clean Water Act at the Fernan Lake Road Project, a beautiful spot just east of Coeur d’ Alene. “Protecting our waterbodies from pollution caused by storm water is an important part of the Clean Water Act. Here, we have a federal agency blatantly disregarding this requirement; this is simply inexcusable and the Highway Administration should know better,” said Rick Eichstaedt, attorney from CFJ. “This action will help ensure that this is fixed at Fernan Lake and will not happen at other federal road projects.” Full release after the jump
"Local Environmental Conservation Groups Tell Federal Highway Administration to Clean Up Its Act" COEUR D’ALENE, IDAHO – July 29, 2009 – Today, the Idaho Conservation League and Kootenai Environmental Alliance have joined together to place the Federal Highway Administration on notice of its ongoing Clean Water Act violations at the Fernan Lake Road Project, located east of Coeur d’Alene. Together, the groups sent a formal 60-day notice letter directing the Federal Highway Administration to come into compliance with the Clean Water Act or face a lawsuit in Federal Court. The groups’ notice letter details the agency’s failure to protect the water quality of Fernan Lake from the impacts of polluted storm water run-off. Storm water runoff can severely impact water quality if not properly controlled. Given that construction takes place directly next to Fernan Lake, it is particularly important that water quality protections are in place. “Every time it rains, mud and sediment pours into Fernan Lake,” said Terry Harris, Executive Director of the Kootenai Environmental Alliance. “The Federal Highways Administration and its contractor have failed to implement basic measures to prevent this from occurring.” Under the Clean Water Act, road construction projects are required to obtain a storm water discharge permit and implement measures to reduce the impact on the environment from storm water pollution. If a construction project fails to comply with the requirements of a Clean Water Act permit, individuals and citizen groups can provide notice of the violations to the violators and give them 60 days to remedy the violations. After 60 days if the violations have not been corrected, a lawsuit may be brought. “This issue was first brought to our attention this spring after we received complaints from our members and others about the construction activities at Fernan Road,” said Harris. “After following up on the complaints we observed multiple Clean Water Act violations occurring at the road project.” “Protecting our waterbodies from pollution caused by storm water is an important part of the Clean Water Act. Here, we have a federal agency blatantly disregarding this requirement; this is simply inexcusable and the Highway Administration should know better,” said Rick Eichstaedt, attorney from the Center for Justice representing the conservation groups. “This action will help ensure that this is fixed at Fernan Lake and will not happen at other federal road projects.” “Fernan Lake is a beautiful and a popular recreation destination, it’s important that we protect it and all of North Idaho’s lakes for the economic health of our community,” said Susan Drumheller, North Idaho Associate for the Idaho Conservation League. “While the legal process has just begun, we’re looking forward to engaging in a dialogue with the Highway Administration to make sure that Fernan Lake receives the care and protection it needs” said Michael Chappell, attorney from the Gonzaga University Environmental Law Clinic who is also representing the conservation groups. The Idaho Conservation League is a statewide non-profit organization dedicated to preserving Idaho's clean water, wilderness and quality of life through citizen action, public education, and professional advocacy. The Kootenai Environmental Alliance is a non-profit organization committed to conserving, protecting and restoring the environment with particular emphasis on the Idaho Panhandle and the Coeur d'Alene Basin. The Center for Justice is a not-for-profit community-based law firm dedicated to environmental and social justice issues. The Gonzaga Environmental Law Clinic is a not-for-profit clinical law program at Gonzaga University School of Law that employs law students in providing legal services to issues of community concern.
