United States Tenth Circuit

In a case brought by owners of land and water resources in certain Oklahoma counties alleging violations of the Clean Water Act (CWA), dismissal of the action is affirmed where: 1) dismissal as to certain defendants was proper because the EPA's prosecution of such violations was diligent under the CWA; and 2) dismissal as to remaining defendants was proper as plaintiffs' notice letters regarding the alleged violations were inadequate.

Appellate Information

• Decided 02/02/2007
• Published 02/05/2007

Judges

• HARTZ, Circuit Judge., Before TACHA, Chief Circuit Judge, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jason B. Aamodt, Miller, Keffer & Bullock, (Rayanne G. Tobey, Miller, Keffer & Bullock;  James C. Lang, G. Steven Stidham, Brian S. Gaskill, Sneed Lang, P.C., with him on the briefs), Tulsa, OK, for Plaintiffs-Appellants.


• For Appellees:
  
• Frederick W. Addison III, Locke, Liddell & Sapp, LLP, Dallas, TX, (Kirsten M. Castañeda, Locke, Liddell & Sapp LLP;  R. Forney Sandlin, Muskogee, OK, with him on the brief for Defendant-Appellee, Wynn-Crosby Energy n/k/a Petrohawk Operating Company)., P. Scott Hathaway, Melinda L. Kirk and Conner & Winters, of counsel, Tulsa, OK, on the brief for Defendant-Appellee, KCS Resources, Inc., Colin H. Tucker, Rhodes, Hieronymus, Jones, Tucker & Gable, and Ronald D. Wood, Jones, Gotcher & Bogan, P.C., Tulsa, OK, on the brief for Defendant-Appellee, El Dorado Dozers, Inc., Drew Neville, Russell Cook, Hartzog, Conger, Cason & Neville, and Mary Ellen Ternes, McAfee & Taft, Oklahoma City, OK, on the brief, for Defendants-Appellees, Robert A. Hefner, III, The GHK Company, Ramiiilaj, Inc., The GHK Corporation, GHK Trading and Investment Company, L.L.C., GHK Trading Company, L.L.C., GHK/Potato Hills Limited Partnership, The Glebe Group, Inc., Glebe Royalty, L.L.C.