Legal Opinion
United States v. Velsicol Chemical Corp.
District Court, W.D. Tennessee
Decided November 10, 1976No. C-75-462PublishedCited by 38 opinions
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION TO DISMISS
McRAE, District Judge.
On November 26, 1975, defendant Velsicol Chemical Corp. filed a Motion to Dismiss in this cause on the grounds that this Court lacks jurisdiction over said cause; to wit, that the alleged discharges by defendant into the City of Memphis Wastewater Collection System is not a discharge into a “navigable water” within the statutory meaning of 33 U.S.C. § 1362(7) and that since the City of Memphis Wastewater Collection System is a nontreatment system, any alleged discharge by defendant into said system is not a discharge into a…
2Cases cited3 opinions
- Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1975
- Peabody Coal Company v. Russell E. Train, Administrator, Environmental Protection AgencyCourt of Appeals for the Sixth Circuit · 1975
- United States v. Cutter Laboratories, Inc.District Court, E.D. Tennessee · 1976
3Cited by38 opinions
- Rapanos v. United StatesSupreme Court of the United States · 2006
- Ernest Dague, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette v. City of BurlingtonCourt of Appeals for the Second Circuit · 1991
- Upstate Forever v. Kinder Morgan Energy Partners, L.P.Court of Appeals for the Fourth Circuit · 2018
- Student Public Interest Research Group of New Jersey, Inc. v. Fritzsche, Dodge & Olcott, Inc.District Court, D. New Jersey · 1984
- United States v. Charles A. Eidson, Sandra A. EidsonCourt of Appeals for the Eleventh Circuit · 1997
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