LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Brian D. Israel of Arnold & Porter LLP Speaker 5a: 3
People v. Gold Run Ditch & Mining Co.
(California Supreme Court 1884)
Gold Run Ditch and Mining Company operated a hydraulic
mine near the banks of the American and Sacramento
rivers in California.
The company discharged hundreds of thousands of cubic
yards of gravel, sand and cobble—material extracted
during the mining process—into the rivers.
The mining debris polluted the water downstream,
impaired navigation on the rivers, and increased the
chance of flooding due to higher river beds.
The state sued on grounds that the river was held in public
trust and that defendant’s actions were a public nuisance.
7/15/2010 Brian D. Israel
5
People v. Gold Run Ditch & Mining Co.
(California Supreme Court 1884)
Defendant responded that it had acquired the
right to discharge debris into the river by custom.
7/15/2010 Brian D. Israel
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM