Enviros' Claims Against Coal Co. Different Enough To Proceed

Law360 (April 17, 2018, 7:53 PM EDT) -- A federal judge on Tuesday rejected Fola Coal Co. LLC’s attempt to nix environmental groups' claims that it has improperly discharged ionic chemicals from two of its mines in West Virginia into nearby waters, finding that the groups’ allegations are different enough from ones they previously asserted to move forward.

U.S. District Judge Robert C. Chambers denied Fola’s motion to dismiss Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, West Virginia Rivers Coalition and the Sierra Club’s lawsuit alleging that discharges from its so-called Surface Mine No. 4A and Bullpen Surface Mine violate the Clean Water Act and the Surface Mining...

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