A district court denied a coal-fired power plant's motion to dismiss or stay an environmental group's CWA citizen suit against it for discharging impermissible amounts of arsenic into the waters of the United States in violation of its state and federal discharge permits. The plant argued that the court should dismiss this case on Burford abstention grounds. The plant argued that the group's claims are an impermissible collateral attack on a permitting decision of the state.