4th Circ. Tells W.Va. To Get Permits For Mine Cleanup

Law360, New York (November 9, 2010, 4:05 PM EST) -- A federal appeals court has ruled that the West Virginia Department of Environmental Protection must issue itself water pollution permits to continue cleaning up abandoned coal mines, despite the agency's argument that such a requirement is absurd.

The Clean Water Act clearly bans any “person” — including a state government — from polluting any navigable waters without a permit, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit said Monday in a published opinion, upholding a district court decision.

“'Any' is a...
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