Californians for Alternatives to Toxics v. Reichardt Duck Farm, Inc

Nature of the order

This was a discovery order concerning documents requested in a Clean Water Act case. It did not decide whether the defendants violated the Clean Water Act or whether civil penalties should be imposed.

Financial documents

The court ordered defendant John Reichardt to produce the financial documents requested in Requests for Production Nos. 29–33. The order does not require production if the documents do not exist or are not in Reichardt’s possession, custody, or control.

The court found Reichardt’s finances relevant to the possible amount of civil penalties under 33 U.S.C. § 1319(d). The court also noted that Reichardt may qualify as a “responsible corporate officer,” a person who could be liable under the Clean Water Act if Reichardt Duck Farm, Inc., discharged polluted stormwater into waters of the United States.

Documents about substances given to ducks

The court also ordered the defendants to produce all documents in their possession, custody, or control describing medicines, pharmaceuticals, hormones, supplements, nutrients, or probiotics given or applied to ducks at the facility. This was the subject of Request for Production No. 55.

The court reasoned that ducks could excrete some of these compounds and that the compounds could therefore be present in stormwater discharges. Even if the compounds were not regulated pollutants, the court said they could be relevant to the parameters used for water sampling once the compounds were identified.

Confidentiality and deadline

The governing protective order applied to Reichardt’s confidential financial information, including tax returns, and was intended to prevent unnecessary public disclosure of that information. Unless they obtained permission for additional time, the defendants had to comply with the order by July 12, 2023.

Disposition

Judge Alex G. Tse entered the discovery order requiring the specified production, subject to the order’s stated limitations.