Legal Opinion
Paper, Allied-Industrial, Chemical & Energy Workers International Union v. Continental Carbon Co.
Court of Appeals for the Tenth Circuit
Decided November 8, 2005No. 03-6243PublishedCited by 91 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This case involves a citizen suit under the Clean Water Act (“CWA”) brought pursuant to 33 U.S.C. § 1365(a) (2000). The district court dismissed the suit under 33 U.S.C. § 1319(g)(6)(A)(ii), which deprives federal courts of jurisdiction over CWA citizen enforcement actions when a state has commenced and is diligently prosecuting the same violations under a state law “comparable” to subsection 1319(g).
This court has not previously enunciated the proper standard for judging whether a particular state’s laws are comparable to § 1319(g), and we take this occasion to do so. We…
2Cases cited14 opinions
- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1995
- Hill v. Smithkline Beecham Corp.Court of Appeals for the Tenth Circuit · 2004
- United States v. StanleySupreme Court of the United States · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
- Baker v. USD 229 Blue ValleyCourt of Appeals for the Tenth Circuit · 2020
- United States v. Ruiz-TerrazasCourt of Appeals for the Tenth Circuit · 2007
- Bruce v. City and County of DenverCourt of Appeals for the Tenth Circuit · 2023
- Elephant Butte Irrigation District v. United States Department of the InteriorCourt of Appeals for the Tenth Circuit · 2008
86 more not listed; retrieve them via the Exa API.