Sierra Club v. Abston Construction Co., Inc., State of Alabama Ex Rel., Intervenor-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that \sediment basins dug by ... miners and designed to collect sediment\ can be point sources
• explaining that point source “conveyances” are “the means by which pollutants are ultimately deposited into a navigable body of water”
• determining that leachate from eroded “spoil piles,” and overflows from sediment basins, were discharges from a “point source”
• holding that overflow from mine spoils pile was 8 At the hearing on these cross-motions, the case CLF cited as providing the greatest support for its contention that the sediments are point sources was Rybachek v. EPA, 904 F. 2d 1276 (9th Cir. 1990
• holding \gravity flow\ from miners' spoil piles is a point source
• “The focus of [the CWA] is on the ‘discernible, confined and discrete’ conveyance of 45 the pollutant, which would exclude natural rainfall drainage over a broad area.”

Source: CourtListener parenthetical corpus (CC0).