Sierra Club v. El Paso Gold Mines, Inc.

TYMKOVICH, Circuit Judge.

The Clean Water Act (“CWA” or “Act”) prohibits the discharge of any pollutant from a point source unless authorized by a permit issued under the National Pollutant Discharge Elimination System (“NPDES”). 33 U.S.C. §§ 1311(a), 1342. Under the Act, a “discharge of a pollutant” is defined as “any addition of any pollutant to navigable waters from any point source.” 33 U.S.C. § 1362(12). The Act also confers jurisdiction on the federal courts to hear citizen suits brought against any person “alleged to be in violation of’ the Act. 33 U.S.C. § 1365(a).

The Sierra Club and…