SIERRA CLUB v. ABSTON CONST. CO., INC.

No. 77-2530.

620 F.2d 41 (1980)

SIERRA CLUB, Plaintiff-Appellant, v. ABSTON CONSTRUCTION CO., INC., et al., Defendants-Appellees, State of Alabama ex rel., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 1980.


Attorney(s) appearing for the Case

Edward Still, Birmingham, Ala., Ralph I. Knowles, University, Ala., John D. Hoffman, San Francisco, Cal., for Sierra Club.

William J. Baxley, Atty. Gen., State of Alabama, James R. Cooper, Jr., Asst. Atty. Gen., H. H. Caddell, Asst. Atty. Gen., Montgomery, Ala., for State of Alabama.

John Philip Williams, Jacksboro, Tenn., for Save Our Cumberland Mountains, Inc.

Michael A. McCord, Atty., Sanford Sagalkin, Edmund B. Clark, Dept. of Justice, Washington, D. C., for United States.

John E. Grenier, Birmingham, Ala., for Mitchell-Neely.

Lloyd S. Guerci, Dept. of Justice, Alan W. Eckert, Deputy Assoc. Gen. Counsel, Environmental Protection Agency, Washington, D. C., for amicus curiae.

Before GODBOLD, RONEY and FRANK M. JOHNSON, Jr., Circuit Judges.


RONEY, Circuit Judge:

In this suit to enforce portions of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.A. §§ 1251-65, 1281-93a, 1311-28, 1341-45, 1361-76, against coal strip miners, the issue is whether pollution carried in various ways into a creek from defendant coal miners' strip mines is "point source" pollution controlled by the Act.

Sediment basin overflow and the erosion of piles of discarded material resulted in rainwater...

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