Prairie River Network v. Dynegy Midwest Generation, LLC

Ct. of Appeals granted three motions seeking leave to file amicus curiae briefs in instant appeal concerning Dist. Ct.'s dismissal of plaintiff’s action alleging violations of Clean Water Act. While defendant opposed said motions, Ct. of Appeals found that each amicus curiae brief met requirement that brief offered content that was either different, new and/or important from content in parties’ briefs.  Specifically, contents of briefs addressed: (1) history of Illinois groundwater regulations; (2) alternative federal scheme in absence of Clean Water Act regulation; and (3) case law’s application into existing federal scheme involving pollutants at issue in instant case. Ct. further noted that amicus curiae briefs should not merely repeat party’s position.