· 1/11/1996
Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.
Citations
- 73 F.3d 546
- 1996 WL 11077
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to establish causation “it [was] sufficient for Sierra Club to show that [defendants’] discharge of produced water contributes to the pollution that impairs [a Sierra Club member’s] use of the bay”
- stating that the Sierra Club could satisfy causation by showing that the industrial source had contributed, along with others, to water pollution
- noting that a continuance would give the nonmovant more time to review late disclosures
- “Standing is a jurisdictional requirement, and may always be addressed for the first time on appeal.”
- addressing whether discharge of water “produced” during the extraction of oil and gas without an NPDES permit violated the CWA and concluding that produced water is an “industrial waste” regulated by the CWA
- district court did not abuse its discretion by imposing $186,070 civil penalty even though maximum permissible penalty was $20,225,000
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, King, Higginbotham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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