Page 614 CASE SUMMARY 18.1 Sierra Club v. El Paso Gold Mines, Inc., 421 F.3d 113
ID: 1166529 • Letter: P
Question
Page 614 CASE SUMMARY 18.1 Sierra Club v. El Paso Gold Mines, Inc., 421 F.3d 1133 (10th Cir. 2005) CLEAN WATER ACT El Paso Gold Mines owns 100 acres of land bought in 1968 near Cripple Creek, Colorado. Though El Paso did not engage in mining activity on the land, the land contained a collapsed mine shaft built in 1910. The shaft is connected to a 6-mile-long drainage tunnel that is connected to other old mines draining into Cripple Creek. A citizens' watchdog group, the Sierra Club, brought suit alleging that El Paso violated the Clean Water Act by discharging pollutants (zinc and manganese) from a source, the mine shaft, into the creek without a discharge permit. CASE QUESTIONS 1. Does the Sierra Club have an actionable claim under the Clean Water Act? Why or why not? 2. If El Paso wanted to use the land for mining activity, would the company be required to obtain a permit? If so, what would need to be done in order to obtain the permit?Explanation / Answer
No, Sierra club does not have an actionable claim because El paso is not responsible for the discharging pollutants into the creek. Yes, El Paso will need to buy permit. For this first they have to apply for it and show steps undertaken to avoid impact on the creek and minimize potential impacts. They must also show that they are able to compensate for the unavoidable activities. US Army Corps of Engineers will then review the application under public interest review as well as environmental criterion set by CWA section 404 (b) (1) guidelines.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.