Department of Ecology v. Douma, et al., No. 35864-6-II, 2008 Wash. App. LEXIS 1484 (Wash. Ct. App. Jun. 24, 2008)

(water pollution case against dairy operation; plaintiff not entitled to bring enforcement action under state law against dairy without first establishing that dairy was significant contributor of pollution; mere fact that dairy was a Concentrated Dairy Animal Feeding Operation insufficient, by itself, to support finding that dairy was significant contributor of pollution; however, other factors supported finding that dairy was significant contributor of pollution; penalty upheld as reasonable and plaintiff’s decision as to penalty amount not arbitrary and capricious).