El Paso Gold Mines owns 100 acres of land bought in 1968 near Cripple Creek, Colorado. Though El Paso did not engage in mining activity on the land, the land contained a collapsed mine shaft built in 1910. The shaft is connected to a 6-

mile-long drainage tunnel that is connected to other old mines that drain into Cripple Creek. A citizens’ watchdog group, the Sierra Club, brought suit alleging that El Paso violated the Clean Water Act by discharging pollutants (zinc and manganese) from a source—the mine shaft—into the creek without a discharge permit.

CASE QUESTIONS

1. Does the Sierra Club have an actionable claim under the Clean Water Act? Why or why not?

2. If El Paso wanted to use the land for mining activity, would the company be required to obtain a permit? If so, what would need to be done in order to obtain the permit?