Fact Pattern 18-1 Jean LeFleur, Owner of Happy Feet, a Company That Makes

Fact Pattern 18-1
Jean LeFleur, owner of Happy Feet, a company that makes environmentally-sensitive foot wear, decided to move operations from Los Angeles to Bozeman, Montana. LeFleur wanted to be in an area noted for environmental quality. He built a new plant that produced oil-based sludge from its production process. The sludge could have been treated at the plant. But LeFleur decided that treatment was too costly, so the company dumped sludge into the Gallatin River, which runs through Happy Feet property. Other sludge was buried in drums in a field at night.
-Refer to Fact Pattern 18-1. Happy Feet is in violation of the Clean Water Act because it failed to get a permit to discharge sludge into the Gallatin. Happy Feet must have such a permit because:

A) it is discharging pollutants into a wilderness river
B) it is discharging pollutants into a recreation area
C) it is discharging pollutants into a navigable water of the U.S.
D) it is discharging pollutants into international waters
E) Happy Feet is not in violation of the Clean Water Act, because it does not apply to intrastate rivers

Correct Answer:

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