Alta Verde: Court Case Study
Carr v. Alta Verde
• Facts
Plaintiffs Nick Carr and William H. George sought civil penalties and injunctive relief for violations of the Federal Water Pollution Control Acts, commonly known as Clean Water Act against Alta Verde Industries. Alta Verde is a cattle feedlot with 20,000 to 30,000 head of cattle and 230.9 acres of land. Waste from the feedlot drains into a wastewater disposal system of six holding ponds. Then the water is used to irrigate and fertilize three fields. A series of heavy rain exceeded the capacity of the holding ponds. Wastewater discharged into tributary of Rosita Creek. Under the National Pollutant Discharge System (NPDES), it is unlawful for any person to discharge pollutant without obtaining a permit and complying
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The plaintiffs sought civil penalties in the amount of $600,000 and injunctions order Alta Verde to cease all discharges except in compliance with Clean Water Act. Also need to provide certain reports for one year and provide notice within 24 hours of any discharge. The court said that there was no standing. The plaintiffs argued 1) that the district court erred in holding Alta Verde was exempt from the NPDES permit requirement and 2) that the district court erred in holding that Carr and George did not have a standing to sue. Alta Verde argues that it doesn’t meet the definition of point …show more content…
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