01/30/2012 10:18:29 AM EST
Clean Water Act Claims Dismissed From Suit Against Environmental Company
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LexisNexis® Mealey's™ Daily Legal News
DENVER - Plaintiffs have not asserted sufficient facts to assert a claim under the federal Clean Water Act (CWA) against an environmental company accused of aggravating existing contamination by drilling test wells and opening valves on above-ground gasoline storage tanks (ASTs), a Colorado federal judge said in a Jan. 25 opinion, but he permitted a claim for trespass to go forward (Colorado Trust for Protection & Benefits, Raymond McCarty and Sandra McCarty v. Souder, Miller & Associates, No. 1:10-cv-208, D. Colo.; 2012 U.S. Dist. LEXIS 8636).
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