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Judge: Pueblo Can't Sue C. Springs Over Sewage Spills
August 30, 2007 5:24 PM
A federal judge says Pueblo's district attorney can't sue Colorado Springs over wastewater spills, but the Sierra Club can. On Wednesday the judge tossed out the suit Pueblo DA Bill Theibaut filed in 2005, after a pair of spills sent some 340,000 gallons of raw sewage down Fountain Creek. Fountain Creek enters the Arkansas River at Pueblo. Theibaut argued that the spills violated the federal Clean Water Act, and asked for monetary penalties. The Judge said the DA didn't demonstrate that he had jurisdiction to file suit. Theibaut says he disagrees with the ruling and that he is considering an appeal. The Clean Water Act was written to give ordinary citizens the power to call for enforcement of pollution violations. So the Sierra Club's lawsuit, which is very similar to the one Theibaut filed, is being allowed to go forward. It's scheduled for a 10-day trial starting September 17th. Colorado Springs utilities Spokesman Steve Berry says the city is ready for its day in court.
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Posted by Eric Whitney on August 30, 2007 5:24 PM | Permalink
