VERDICT: Defense, alleged discharge of pollutants from golf course to navigable waters. [Read more…]
Claim preclusion, reclaimed wastewater discharge
CLAIM PRECLUSION: Suit alleging CWA violation by discharging reclaimed wastewater from snow guns precluded by consent order in prior suit under modified claim preclusion test, res judicata, release… Morris affirmed (memorandum). [Read more…]
Environment, sprinklers/snowmakers, treated sewage
ENVIRONMENT: CWA claim alleging pollution of West Fork of Gallatin River by use of sprinklers and snowmakers around ski runs and flushing of golf course irrigation system to discharge treated wastewater barred by consent decree in prior litigation… Morris. [Read more…]
Wastewater discharge, sewer district defense verdict
WASTEWATER DISCHARGE: Defense verdict in suit against water/sewer district alleging discharge of treated but polluted wastewater into Gallatin River without permit affirmed… dismissal of golf course that irrigates with the wastewater reversed… Morris affirmed, reversed. [Read more…]