Quivira Min. Co. v. United States E.P.A.
United States Court of Appeals for the Tenth Circuit
765 F.2d 126 (1985), cert. denied, 474 U.S. 1055 (1986)
- Written by Sean Carroll, JD
Facts
The United States Environmental Protection Agency (EPA) (defendant) required permits to discharge certain substances into navigable waters, meaning “waters of the United States” under the Clean Water Act, 33 U.S.C. § 1251 (Act). The EPA found that the Arroyo del Puerto and the San Mateo Creek, each a small gully or arroyo, were “waters of the United States” for purposes of EPA jurisdiction. At times of heavy rainfall, the Arroyo del Puerto and the San Mateo Creek flowed on the surface, connecting with navigable waters. Additionally, water from the Arroyo del Puerto and the San Mateo Creek soaked into the ground and flowed through aquifers to navigable waters. Quivira Min. Co. and other companies (plaintiffs) brought suit, challenging the EPA’s jurisdiction with respect to the Arroyo del Puerto and the San Mateo Creek.
Rule of Law
Issue
Holding and Reasoning (Saffels, J.)
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