Legal Opinion

Headwaters, Inc. v. Talent Irrigation District

Court of Appeals for the Ninth Circuit

Decided March 12, 2001No. 99-35373PublishedCited by 10 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

Headwaters, Inc. and Oregon National Resources Council Action filed a citizen lawsuit against the Talent Irrigation District. The suit alleged that the irrigation district had violated the Clean Water Act by applying the aquatic herbicide Magna-cide H to its canals, without obtaining a National Pollution Discharge Elimination System permit. The district court granted summary judgment in favor of the irrigation district. The court held that the canals were waters of the United States covered by the Clean Water Act, and that the active ingredient in Magnacide H was a…

2Cases cited18 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  4. Solid Waste Agency of Northern Cook County v. United States Army Corps of EngineersSupreme Court of the United States · 2001
  5. Botosan v. Paul McNally RealtyCourt of Appeals for the Ninth Circuit · 2000

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3Cited by10 opinions

  1. Community Association for Restoration of the Environment, a Washington Nonprofit Corporation v. Henry Bosma Dairy, a Washington Proprietorship AKA Hank Bosma Dairy AKA Bosma Dairy AKA H & S Dairy AKA H & S Bosma Dairy AKA B & M Dairy Liberty Dairy, a Washington Proprietorship Henry Bosma, Owner and Operator, Community Association for Restoration of the Environment, a Washington Nonprofit Corporation v. Henry Bosma Dairy, a Washington Proprietorship AKA Hank Bosma Dairy AKA Bosma Dairy AKA H & S Dairy AKA H & S Bosma Dairy AKA B & M Dairy Liberty Dairy, a Washington Proprietorship Henry Bosma, Owner and OperatorCourt of Appeals for the Ninth Circuit · 2002
  2. United States v. Adam Bros. Farming, Inc.District Court, C.D. California · 2004
  3. Baccarat Fremont Developers, LLC v. U.S. Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2005
  4. United States v. KrilichDistrict Court, N.D. Illinois · 2001
  5. Wisconsin Resources Protection Council v. Flambeau Mining Co.District Court, W.D. Wisconsin · 2012

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