Ala. River Watchdog Can Sue Mining Co.: 11th Circ.

Law360, New York (November 14, 2008, 12:00 AM EST) -- The state of Alabama's action against a mining company for allegedly polluting a river doesn't preempt a green group's citizen suit, the U.S. Court of Appeals for the 11th Circuit has ruled.

On Thursday, the 11th Circuit affirmed a district court's ruling that Black Warrior Riverkeeper can take Cherokee Mining LLC to court because the group filed its intent to sue before the state took action.

Cherokee Mining allegedly violated its state environmental permit by discharging excessive pollutants into the Black Warrior River.

The advocacy group...
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