Legal Opinion
Sierra Club v. Abston Construction Co., Inc., State of Alabama Ex Rel., Intervenor-Appellant
Court of Appeals for the Fifth Circuit
Decided June 23, 1980No. 77-2530PublishedCited by 72 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this suit to enforce portions of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.A. §§ 1251-65, 1281-93a, 1311-28, 1341-45, 1361-76, against coal strip miners, the issue is whether pollution carried in various ways into a creek from defendant coal miners’ strip mines is “point source” pollution controlled by the Act.
Sediment basin overflow and the erosion of piles of discarded material resulted in rainwater carrying pollutants into a navigable body of water. Since there was no direct action of the mine operators in pumping or draining water into…
2Cases cited8 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- 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
- United States of America, and Cross v. Earth Sciences, Inc., and CrossCourt of Appeals for the Tenth Circuit · 1979
- Appalachian Power Company v. Russell E. Train, as Administrator Environmental Protection Agency, Alabama Power Company, IntervenorsCourt of Appeals for the Fourth Circuit · 1976
- Natural Resources Defense Council, Inc. v. CostleCourt of Appeals for the D.C. Circuit · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by72 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
- Quebell P. Parker v. Scrap Metal ProcessorsCourt of Appeals for the Eleventh Circuit · 2004
- National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
- Upstate Forever v. Kinder Morgan Energy Partners, L.P.Court of Appeals for the Fourth Circuit · 2018
67 more not listed; retrieve them via the Exa API.