ELR Citation: ELR 20093
No(s). 05-cv-00838-WDM-PAC (D. Colo. May 9, 2006)

A magistrate judge recommends the dismissal of a ranch owner's Clean Water Act and Resource Conservation and Recovery Act citizen suit action against mining companies for releasing and discharging solid and hazardous wastes into two creeks where they eventually migrated into the Rio Grande. The owner alleged that the releases and discharges have contaminated soils, surface water, and groundwater near, on, or under his ranch. Although the owner's notice letters to the companies were timely, they failed to give the companies sufficient information to identify or correct the alleged violations. Nor did the owner's second notice letters cure these deficiencies. Consequently, the judge recommends that the mining companies' motions to dismiss be granted.