Quivira Min. Co. v. United States E.P.A.
United States Court of Appeals for the Tenth Circuit
765 F.2d 126 (10th Cir. 1986)
Relevant factsFree
Two small, non-navigable gullies -- the Arroyo del Puerto and San Mateo Creek -- connected to navigable waters both by surface flow during heavy rainfall and by seepage through underground aquifers; the EPA (defendant) asserted Clean Water Act jurisdiction over them as "waters of the United States," which Quivira and other mining companies (plaintiffs) challenged.
IssueFree
Whether a body of water is under the Environmental Protection Agency's jurisdiction pursuant to the Clean Water Act if the body of water may affect interstate commerce.
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