Massey Units Fail To Shake CWA Citizen Suit

Law360, New York (November 24, 2010, 3:04 PM EST) -- Five Massey Energy Co. subsidiaries have lost their bid to toss a citizen suit accusing them of repeatedly violating the Clean Water Act and the Surface Mining Control and Remediation Act by dumping excess amounts of toxic aluminum and other pollutants into waterways.

Judge John T. Copenhaver Jr. of the U.S. District Court for the Southern District of West Virginia on Tuesday denied the defendants' motion to dismiss the suit brought by the Sierra Club and three other environmental groups, ruling that instant action was not...
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