Black Warrior River-Keeper Inc v. Drummond Company
| Black Warrior River-Keeper Inc |
| Drummond Company |
| 2:2016cv01443 |
| September 1, 2016 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Jefferson |
| Abdul K Kallon |
| Environmental Matters |
| 33 U.S.C. ยง 1365 |
| None |
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Filing
148
MEMORANDUM OPINION AND ORDER-In sum, for the foregoing reasons, the joint motion to enter the proposed consent decree, 146 , is GRANTED. The court will enter the consent decree, 146 -1, by separate order. Signed by Judge Abdul K Kallon on 08/10/2022. (AKD)
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Filing
122
MEMORANDUM OPINION AND ORDER- In sum, BWR has established the absence of a genuine dispute regarding whether the groundwater discharges carrying AMD into the Locust Fork constitute the functional equivalent of a direct discharge of pollution under th e CWA. Because this represented the only remaining element in dispute as to BWRs groundwater CWA claims, see 93 , BWR is entitled to summary judgment on its groundwater CWA claims. BWRs renewed motion for summary judgment, 106 , is GRANTED. Signed by Judge Abdul K Kallon on 01/12/2022. (AKD)
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Filing
93
MEMORANDUM OPINION AND ORDER In light of the foregoing analysis, BWR's motion for partial summary judgment 51 , is GRANTED solely as to liability on BWRs claim that Drummond violated CWA § 402 by discharging AMD from the refuse pile,ditche s, channels, gullies, basins, and dams at the site into Locust Fork. In all other respects, BWR's motion is DENIED. Drummonds motion for summaryjudgment 48 , is also DENIED. Accordingly, the motion for stay pending United States Supreme Court ruling 82 , is GRANTED. This case is STAYED pending thedisposition of Hawai'i Wildlife Fund v. Cty. of Maui, Hawai'i. Signed by Judge Abdul K Kallon on 5/7/2019. (AFS)
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| Plaintiff: Black Warrior River-Keeper Inc | |
| Represented By: | Barry A Brock |
| Represented By: | Eva L Dillard |
| Represented By: | Richard Webster |
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| Defendant: Drummond Company | |
| Represented By: | Richard E Davis |
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