District Court Finds Citizen Suit Standing in NPDES Permit Violations Case - Grants Summary Judgment on Liability

The District Court of Idaho, in Idaho Conservation League v. Atlanta Gold Corporation, No. 11-CV-161 (January 9, 2012), recently granted summary judgment to allow standing in a citizen’s suit. In the case, Atlantic Gold Corporation (Defendant) held a U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) permit which regulated the discharge of water from the a mine, which was the subject of the litigation. The Plaintiffs contended that the Defendant’s discharge of water from the mine near the town of Atlanta, Idaho, was not in compliance with the Clean Water Act.

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