Cottonwood Environmental Law Center et al v. Edwards et al

Filing 87

ORDER; The Parties should be prepared at the November 17th hearing to discuss the relevance, if any, of the indemnification clause to Plaintiffs claims and to Big Sky Districts argument regarding the golf course owner. Signed by Judge Brian Morris on 11/15/2021. (TLO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
COTTONWOOD ENVIRONMENTAL
LAW CENTER, MONTANA RIVERS,
and GALLATIN WILDLIFE
ASSOCIATION,
Plaintiffs,

2:20-cv-00028-BU-BMM

ORDER

vs.
RON EDWARDS, in his official
capacity as Manager of the Big Sky Water
and Sewer District; and BIG SKY
WATER AND SEWER DISTRICT,
Defendants.

Cottonwood Environmental Law Center, Montana Rivers, and Gallatin
Wildlife Association (“Plaintiffs”) brought this action against Ron Edwards in his
official capacity as Manager of the Big Sky Water and Sewer District and Big Sky
Water and Sewer District (collectively, “Big Sky District”). Plaintiffs allege that Big
Sky District violated the Clean Water Act (“CWA”) when it discharged pollutants
into the West Fork of the Gallatin River without a National Pollutant Discharge
Elimination System (NPDES) permit. (Doc. 8). Both Parties have filed motions for
summary judgment. (Docs. 72 & 75).

Big Sky District argues that it does not own or operate the point sources on
the Meadow Village golf course that Plaintiffs contend discharge to the West Fork
of the Gallatin River. (Doc. 74 at 7.) Big Sky District contends that “if a CWA permit
were required for discharges from these drains, the permittee would be the golf
course owner, not the District.” (Id. at 8). The Wastewater Irrigation Agreement
between Big Sky County Water and Sewer District and Boyne USA, Inc. contains
an indemnification clause. (Doc. 22-4 at 6-7). The Parties should be prepared at the
November 17th hearing to discuss the relevance, if any, of the indemnification clause
to Plaintiffs’ claims and to Big Sky District’s argument regarding the golf course
owner.
Dated this 15th day of November, 2021.

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