PAPER, ALLIED-INDUSTRIAL, CHEMICAL AND ENERGY WORKERS INTERNATIONAL UNION and Ponca Tribe, Plaintiffs-Appellees,
v.
CONTINENTAL CARBON COMPANY, Defendant-Appellant, and
Oklahoma Department of Environmental Quality; Environmental Federation of Oklahoma; Environment Colorado; New Mexico Public Interest Research Group; United States Public Interest Research Group; The Sierra Club, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 8, 2005.
November 8, 2005.
Attorney(s) appearing for the Case
Malcolm E. Wheeler, Wheeler Trigg & Kennedy, LLP, Denver, CO, (Darcy M. Goddard, Wheeler Trigg & Kennedy, LLP, Denver CO, and Mark D. Coldiron, Ryan, Whaley, Coldiron & Shandy, Oklahoma City, OK, and Jim T. Priest, McKinney & Stringer, P.C., Oklahoma City, OK, with him on the briefs) for Defendant-Appellant.
David Frederick, Frederick-Law, Austin, TX, (Richard W. Lowerre, Lowerre & Kelly, Austin, TX, and Rick W. Bisher, Ryan, Bisher & Ryan, Oklahoma City, OK, with him on the briefs) for Plaintiffs-Appellees.
Donald D. Maisch and Robert D. Singletary, Oklahoma City, OK, filed an Amicus Curiae brief for Oklahoma Department of Environmental Quality in support of Defendant-Appellant.
James R. Barnett, Kerr, Irvine, Rhodes & Ables, Oklahoma City, OK, filed an Amicus Curiae brief for Environmental Federation of Oklahoma, Inc., in support of Defendant-Appellant.
Charles C. Caldart, National Environmental Law Center, Seattle, WA, filed an Amici Curiae brief for Environment Colorado, New Mexico Public Interest Research Group, United States Public Interest Research Group, and The Sierra Club in support of Plaintiffs-Appellees.
Before EBEL, O'BRIEN, Circuit Judges, and STEWART, District Judge.
United States Court of Appeals, Tenth Circuit.
EBEL, Circuit Judge.
This case involves a citizen suit under the Clean Water Act ("CWA") brought pursuant to 33 U.S.C. § 1365(a) (2000). The district court dismissed the suit under 33 U.S.C. § 1319(g)(6)(A)(ii), which deprives federal courts of jurisdiction over CWA citizen enforcement actions when a state has commenced and is diligently prosecuting the same violations under a state law "comparable" to subsection 1319(g).
This court has not previously...
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