Ky. Waterways Alliance v. Kentucky Util. Co.

Panel

The judges who heard this appeal.

Case history

Sept. 24, 2018

decided Decision issued in Ky. Waterways Alliance v. Kentucky Util. Co.

Opinions and writings

Lead opinion Author not recorded Sept. 24, 2018

SUHRHEINRICH, Circuit Judge. Pollutants can find their way into bodies of water in a variety of ways. Sometimes they travel by air and settle into lakes, rivers, oceans, and the like. Sometimes pipes dump pollutants directly into those waters. In this case, we consider pollution that reaches surface waters by way of subsurface water, or groundwater. Appellee-Defendant Kentucky Utilities Company ("K…

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Opinion By Richard Fred Suhrheinrich Sept. 24, 2018

RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0213p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT KENTUCKY WATERWAYS ALLIANCE; SIERRA CLUB, ┐ Plaintiffs-Appellants, │ │…

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Concurrence in part Author not recorded Sept. 24, 2018

CLAY, Circuit Judge, concurring in part and dissenting in part. CONCURRING IN PART AND DISSENTING IN PART Can a polluter escape liability under the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251 - 1387, by moving…

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