Pure Wafer, Inc. v. City of Prescott

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND PERMANENT INJUNCTION

JAMES A. TEILBORG, Senior District Judge.

Two sophisticated entities, a wastewater discharger and a sanitary sewer service provider, contract for the ongoing treatment of effluent having a known chemical composition. Their comprehensive agreement includes among its provisions a promise by the wastewater discharger that it will conduct its industrial operations in compliance with environmental regulations. Subsequently, the state imposes new environmental regulations upon the sewer provider, which increase the provider’s cost of…