ELR Citation: ELR 20877
No(s). S-86-475-RAR-JMF (E.D. Cal. Apr 30, 1990)

The court holds that an environmental group has failed to prove that groundwater containing contaminants from hazardous waste pits on an Air Force base are being discharged into the surface water in violation of the Federal Water Pollution Control Act. The court, in finding that the seepage of pollutants from the Air Force base's waste pits into groundwater does not and will not have a reasonably foreseeable and imminent effect on surface waters of the United States, holds that appellant environmental group did not carry its dual burdens of proof and persuasion.

[Previous opinions in this litigation are published at 17 ELR 20344, 19 ELR 20124, and 20 ELR 20871.]

Counsel are listed at 20 ELR 20871.