Judge Nixes NEPA Suit Over W.Va. Dam

Law360, New York (June 14, 2011, 3:57 PM EDT) -- A West Virginia federal judge ruled Monday that the U.S. Department of Agriculture and several state agencies could build a dam in the Lost River watershed, shooting down the second suit brought by a group of homeowners over the dam's environmental impact.

U.S. District Judge John Preston Bailey granted a cross-motion for summary judgment filed by the USDA's Natural Resources Conservation Service and the West Virginia Conservation Agency, and denied a summary judgment motion filed by the plaintiffs, a group of residents who allegedly stand to...
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