10th Circuit Rejects District Court’s Maui Application, Citing Additional Factors

A federal appeals court is reversing and remanding a district court ruling that found settling ponds at a Colorado gold mine are a point source subject to Clean Water Act (CWA) permit requirements, finding that the lower court needed to consider additional factors the Supreme Court identified for determining whether the ponds’ groundwater discharges are subject to regulation. In a Jan. 3 ruling in Stone, et al. v. High Mountain Mining Company , a three-judge panel of the U.S. Court...