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BLACK WARRIOR RIVERKEEPER v. BLACK WARRIOR MIN'S.

No. 12-15409.

734 F.3d 1297 (2013)

BLACK WARRIOR RIVERKEEPER, INC., Friends of Hurricane Creek, Nelson Brooke, John Wathen, Plaintiffs-Appellants, v. BLACK WARRIOR MINERALS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 13, 2013.

Attorney(s) appearing for the Case

Eva Lovelace Dillard , Black Warrior Riverkeeper, Inc., Birmingham, AL, David Alan Ludder , Law Office of David A. Ludder, PLLC, Tallahassee, FL, for Plaintiffs-Appellants.

Ronald Bruce Barze, Jr. , Thomas Lee Casey, III , Philip Stephen Gidiere, III , Jason Brent Tompkins , Balch & Bingham, LLP, Birmingham, AL, for Defendant-Appellee.

Before PRYOR, ANDERSON, Circuit Judges, and RESTANI, Judge.

PRYOR, Circuit Judge:

This appeal presents the issue whether an exception can swallow the general rule about the limited role of citizen suits under the Clean Water Act: that is, whether a citizen can evade the requirements of notice and a 60-day waiting period, 33 U.S.C. § 1365(b), by suing a discharger of pollutants for violations of the "new source" standards of the Act, id. § 1316, instead of violations of that discharger's state-issued permit...

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