UNITED STATES of America, Plaintiff-Appellant and Cross Appellee,
v.
EARTH SCIENCES, INC., Defendant-Appellee and Cross Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued August 11, 1978.
Decided May 23, 1979.
Attorney(s) appearing for the Case
Michael A. McCord, Atty., Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Washington, D. C., Joseph F. Dolan, U. S. Atty., Lena A. Wilson, Asst. U. S. Atty., Denver, Colo., and Raymond N. Zagone, Atty., Dept. of Justice, Alan W. Eckert, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., with him, on brief), for the United States.
Richard P. Holme of Davis, Graham & Stubbs, Denver, Colo., for Earth Sciences, Inc.
Sharon S. Metcalf, Asst. Atty. Gen., Denver, Colo., for the State of Colorado, amicus curiae.
J. D. MacFarlane, Atty. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., Sue Ellen Harrison, Asst. Atty. Gen., Denver, Colo., V. Frank Mendicino, Atty. Gen., Cheyenne, Wyo., and K. W. James Rochow, Asst. Atty. Gen., Harrisburg, Pa., filed an amicus curiae memorandum in support of the United States.
Edward L. Strohbehn, Jr., Natural Resources Defense Council, Washington, D. C., filed an amicus curiae brief in support of the United States.
Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
This is an appeal from a district court order dismissing a suit brought by the United States against Earth Sciences, Inc., (Earth Sciences) under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1251 et seq., specifically § 1311.
The government appeals the district court's conclusion that the FWPCA exempts all mining activities from point sources regulation. Earth...
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