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WIS. RESOURCES PROTECTION COUNCIL v. FLAMBEAU MIN.

Nos. 12-2969, 12-3434.

727 F.3d 700 (2013)

WISCONSIN RESOURCES PROTECTION COUNCIL, et al., Plaintiff-Appellees, Cross-Appellants, v. FLAMBEAU MINING COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 2013.

Attorney(s) appearing for the Case

Christa Westerberg , McGillivray, Westerberg & Bender LLC, Madison, WI, for Plaintiff-Appellees, Cross-Appellants.

Harry E. Van Camp , Dewitt Ross & Stevens S.C., Madison, WI, for Defendant-Appellant, Cross-Appellee.

Before RIPPLE and HAMILTON, Circuit Judges, and STADTMUELLER, District Judge.

RIPPLE, Circuit Judge.

The Wisconsin Resources Protection Council, the Center for Biological Diversity and Laura Gauger (collectively the "plaintiffs") brought this action under the Clean Water Act's ("CWA" or "the Act") citizen-suit provision, 33 U.S.C. § 1365(a)(1), alleging that Flambeau Mining Company ("Flambeau") violated the CWA by discharging pollutants without a permit. The district court denied Flambeau's motion for summary judgment, holding that Flambeau...

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