ICG Wins Dismissal Of Enviros' Selenium Discharge Suit

Law360, New York (June 30, 2011, 12:56 PM EDT) -- An International Coal Group Inc. unit on Wednesday won the dismissal of a Sierra Club suit in West Virginia claiming the mining company discharged selenium into state waters and that the violations hadn't been diligently prosecuted.

U.S. District Judge John Preston Bailey found that the Sierra Club and its co-plaintiffs did not meet their burden of establishing that a consent decree between the West Virginia Department of Environmental Protection and defendant ICG Eastern LLC wouldn't require compliance over the discharges, thus failing to overcome the citizen...
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