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SIERRA CLUB v. COLORADO REFINING CO.

Civ. A. No. 93-K-1713.

838 F.Supp. 1428 (1993)

SIERRA CLUB, a nonprofit corporation, Plaintiff, v. COLORADO REFINING COMPANY, a Colorado Corporation, Defendant.

United States District Court, D. Colorado.

December 8, 1993.

Attorney(s) appearing for the Case

Reed Zars, Denver, CO, for plaintiff.

Daniel Patterson, Holland & Hart, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This case is before me on a motion to dismiss filed by defendant Colorado Refining Company ("CRC"). Plaintiff Sierra Club asserts three causes of action. The first is for unpermitted discharges into Sand Creek in violation of Section 301 of the Clean Water Act, 33 U.S.C. § 1311(a) (1986); the second for discharges to Sand Creek in violation of CRC's National Pollution Discharge Elimination System...

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