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· 5/23/1979

United States of America, and Cross v. Earth Sciences, Inc., and Cross

Citations

  • 599 F.2d 368
  • 9 Envtl. L. Rep. (Envtl. Law Inst.) 20542
  • 13 ERC (BNA) 1417
  • 1979 U.S. App. LEXIS 14485
  • 13 ERC 1417

How courts have described this case

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

  • concluding that certain activities may involve both point and nonpoint source discharge of pollutants, but only \those from point sources are subject to regulation\
  • holding that sump pit “discharge, whether from a fissure in [its] dirt berm or overflow of [its] wall” is an “escape of liquid from [a] confined system” and, therefore, “from a point source”
  • concluding that overflows or leaks from “sump pit” were from a point source
  • finding that a “closed circulating system” may be a point source when it fails and liquid escapes
  • finding that excess fluid escaping a closed industrial system is point source pollution, even though “the source of the excess liquid is rainfall or snow melt”
  • “combination of sumps, ditches, hoses and pumps is a circulating or drainage system to serve” a mining operation

Source: CourtListener parenthetical corpus (CC0).

Judges: Seth, Doyle, Logan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.