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STONE v. HIGH MOUNTAIN MIN. COMPANY, LLC

No. 22-1340.

89 F.4th 1246 (2024)

Pamela STONE, an individual; Twyla Rusan, an individual; M. Jamie Morrow, an individual; The South Park Coalition, a non-profit 501(c)(4) Colorado corporation, Plaintiffs-Appellees, and Be the Change USA, a non-profit 501(c)(4) Colorado corporation, Plaintiff, v. HIGH MOUNTAIN MINING COMPANY, LLC, a Wyoming limited liability company, Defendant-Appellant, and James R. Murray, an individual, Defendant. Colorado Mining Association; Colorado Stone, Sand & Gravel Association; United States of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED January 3, 2024.

Attorney(s) appearing for the Case

Joshua D. McMahon ( Geoffrey P. Anderson with him on the briefs), Anderson Notarianni McMahon LLC, Denver, Colorado, for Defendant-Appellant.

Randall M. Weiner , Weiner & Cording, Boulder, Colorado ( Annmarie Cording , Weiner & Cording, Boulder, Colorado; Jeffrey C. Parsons , Lyons, Colorado; and Wendy J. Kerner , Fairplay, Colorado, with him on the brief), for Plaintiff-Appellees.

Gabriel Racz (Justine C. Beckstrom and Rachel L. Bolt, with him on the brief), Vranesh and Raisch, LLP, Boulder, Colorado, for Amici Curiae Colorado Mining Association and Colorado Stone, Sand and Gravel Association.

David S. Gualtieri (Todd Kim, Assistant Attorney General, and Cynthia Taub, Attorney, with him on the brief), Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Amicus Curiae Plaintiff-Appellees.

Before HARTZ, TYMKOVICH, and PHILLIPS, Circuit Judges.

This appeal arises from a suit between private parties under the federal Clean Water Act's citizen-suit provision. 33 U.S.C. § 1365. High Mountain Mining Co. operates a gold mine near Alma, Colorado, within the South Platte River floodplain. High Mountain hauls excavated material to a processing plant where it is washed...

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