Study Aids
Case Briefs Overview
Casebooks
Case Briefs
K

Kentucky Waterways Alliance v. Kentucky Utilities Company

905 F.3d 925 (2018)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Kentucky Waterways Alliance v. Kentucky Utilities Company

United States Court of Appeals for the Sixth Circuit
905 F.3d 925 (2018)

DD

Facts

Kentucky Utilities Company (KUC) (defendant) operated a coal-burning power plant, storing the coal ash in a manmade pond. The groundwater surrounding the coal-ash pond absorbed pollutants from the coal ash, and the groundwater in turn contaminated a nearby body of surface water called Herrington Lake. The groundwater was a diffuse medium that traveled in all directions, whereas the coal-ash pond was designed to store coal ash in place. KUC did not obtain a permit under the Clean Water Act (CWA) for the pollution arising from the coal-ash pond. The CWA regulated the discharge of pollution from a “point source” “into” a body of surface water, requiring an entity engaging in such pollution to obtain a permit. Kentucky Waterways Alliance (KWA) (plaintiff) filed suit against KUC, bringing a number of claims. One claim alleged that KUC violated the CWA by failing to obtain a permit. The district court dismissed the CWA claim. KWA appealed.

Rule of Law

Issue

Holding and Reasoning (Suhrheinrich, J.)

Concurrence/Dissent (Clay, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Environmental Law

Key Terms