Alaska Tests The Scope Of CWA

Law360, New York (April 30, 2013, 12:05 PM EDT) -- In a decision addressing fundamental Clean Water Act issues, the U.S. District Court for the District of Alaska dismissed the principal claims in a citizen suit brought against Aurora Energy Services LLC (AES) and the Alaska Railroad Corporation. Alaska Community Action on Toxics v. Aurora Energy Services LLC, No. 3:09-cv-00255-TMB (D. Alaska March 28, 2013).

The plaintiffs, two environmental groups, claimed that AES and Alaska Railroad had violated the CWA by discharging coal in various forms (including coal "carry back" and airborne dust), without a permit....
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