· 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 CourtListenerSourced 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.