Legal Opinion
United States of America, and Cross v. Earth Sciences, Inc., and Cross
Court of Appeals for the Tenth Circuit
Decided May 23, 1979No. 77-1302, 77-1303PublishedCited by 149 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
This is an appeal from a district court order dismissing a suit brought by the United States against Earth Sciences, Inc., (Earth Sciences) under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1251 et seq., specifically § 1311.
The government appeals the district court’s conclusion that the FWPCA ex empts all mining activities from point sources regulation. Earth Sciences cross-appeals, and defends the trial court’s decision on the alternative grounds that Earth Sciences’ overflows were not from a “point source,” the stream involved in this case was not a…
2Cases cited14 opinions
- The Daniel BallSupreme Court of the United States · 1871
- De Sylva v. BallentineSupreme Court of the United States · 1956
- 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
- Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
- American Petroleum Institute v. Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013
- Cordiano v. Metacon Gun Club, Inc.Court of Appeals for the Second Circuit · 2009
- Ernest Dague, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette v. City of BurlingtonCourt of Appeals for the Second Circuit · 1991
- Deltona Corp. v. United StatesUnited States Court of Claims · 1981
- National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
144 more not listed; retrieve them via the Exa API.