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BLACK WARRIOR RIVERKEEPER v. CHEROKEE MINING, LLC

Civil Action No. 07-AR-1392-S.

637 F.Supp.2d 983 (2009)

BLACK WARRIOR RIVERKEEPER, INC., Plaintiff, v. CHEROKEE MINING, LLC, Defendant.

United States District Court, N.D. Alabama, Southern Division.

June 5, 2009.

Attorney(s) appearing for the Case

Barry A. Ragsdale, Jennifer M. Miller, Charles R. Driggars, Sirote & Permutt PC, Mark E. Martin, Mark E. Martin LLC, Birmingham, AL, for Plaintiff.

Brian M. Blythe, Joel M. Kuehnert, John C. Neiman, Jr., Sarah Leaver Nichols, Bradley Arant Boult Cummings LLP, Birmingham, AL, Scott B. Smith, Bradley Arant Boult Cummings LLP, Huntsville, AL, for Defendant.

MEMORANDUM OPINION

WILLIAM M. ACKER, JR., District Judge.

On July 27, 2007, Black Warrior Riverkeeper, Inc., ("BWR") filed the above-styled citizen suit against Cherokee Mining, LLC, ("CM") alleging violations by CM of sections 301 and 402 of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1311, 1342, certain provisions of the Code of Federal Regulations, and similar provisions of Alabama law. CM now moves to dismiss the action, invoking Fed.R...

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