USA v. Petroff Trucking Co, No. 3:2020cv00930 - Document 18 (S.D. Ill. 2021)
Court Description: ORDER denying 10 Motion to Dismiss for Failure to State a Claim. For the reasons stated in the attached Memorandum & Order, Defendant Petroff Trucking Company's motion to dismiss is DENIED. Signed by Judge David W. Dugan on 6/15/2021. (kll)
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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) PETROFF TRUCKING COMPANY, ) INC., ) ) Defendant. ) Case No. 20-cv-930-DWD MEMORANDUM & ORDER DUGAN, District Judge: USA v. Petroff Trucking Co Doc. 18 FACTUAL ALLEGATIONS MOTION TO DISMISS STANDARD See Bell Atlantic Corp. v. Twombly Ashcroft v. Iqbal Erickson v. Pardus, Twombly Arnett v. Webster Iqbal Id. ANALYSIS I. Mootness of Request for Prospective Permanent Injunction Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. City of Mesquite v. Aladdin’s Castle, Inc. Id. Export Assn. Id. II. Clean Water Act Claims United States v. Concentrated Phosphate Greenfield Mills, Inc v. Macklin A. Discharge of Pollutants County of Maui, Haw. v. Haw. Wildlife Fund Rapanos v. United States County of Maui, Haw. United States v. Gerke Excavating, Inc. United States v. LaPlante United States v. Hallmark Constr. Co. B. Navigable Waters See United States v. Riverside Bayview Homes, Inc. See Rapanos v. United States Rapanos Id Rapanos Rapanos Rapanos United States v. Gerke Excavating, Inc. Rapanos SWANCC v. U.S. Army Corps. Of Eng’rs Id Id Rapanos, Arnett v. Webster CONCLUSION DENIED SO ORDERED.
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