United States Tenth Circuit
Sierra Club v. El Paso Gold Mines, 03-1105
Plaintiff's suit, alleging that defendant violated the Clean Water Act by discharging pollutants in navigable water, was improperly dismissed where genuine issues of material fact exist as to whether the pollutants were actually discharged.
Appellate Information
- Decided 08/25/2005
- Published 08/25/2005
Judges
- TYMKOVICH, Circuit Judge., Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Stephen D. Harris (with Connie H. King and James L. Merrill with him on the briefs) Merrill, Anderson, King & Harris, LLC, Colorado Springs, CO, for Defendant-Appellant El Paso Gold Mines, Inc., John M. Barth, Hygiene, CO (with Paul Zogg, Law Office of Paul Zogg, Boulder, CO, and Roger Flynn and Jeff Parsons, Western Mining Action Project, Boulder, CO, with him on the brief), for Plaintiffs-Appellees Sierra Club and Mineral Policy Center., Steven J. Lechner and William Perry Pendley, Mountain States Legal Foundation, Lakewood, CO, filed an Amicus Curiae brief on behalf of Defendant-Appellant El Paso Gold Mines, Inc.