$20M EPA Deal Doesn't Bar Selenium Suit, Judge Says

Law360, New York (May 20, 2011, 4:08 PM EDT) -- A West Virginia judge ruled Friday that a $20 million settlement between Massey Energy Co. and federal regulators does not preclude a current suit brought by four environmental groups over selenium pollution.

In a motion for summary judgment, Massey subsidiaries Independence Coal Co. and Jacks Branch Coal Co. argued the 2008 settlement was a prior diligent prosecution by the U.S. Environmental Protection Agency and therefore barred claims filed by the Sierra Club, Ohio Valley Environmental Coalition Inc., West Virginia Highlands Conservancy Inc. and Coal River Mountain...
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