10th Circuit: Trial Court Failed To Analyze All Evidence In CWA Judgment

(January 8, 2024, 12:22 PM EST) -- DENVER — A trial court erred in holding that the operator of a gold mine violated the Clean Water Act (CWA) by discharging pollutants from a processing plant that eventually migrated to a nearby river because there was relevant evidence regarding the discharges that was not thoroughly analyzed, a 10th Circuit U.S. Court of Appeals panel found in reversing and remanding the trial court’s judgment....