Floodgates Open To Clean Water Act Liability In W.Va.

Law360, New York (January 13, 2014, 6:09 PM EST) -- The U.S. District Court for the Southern District of West Virginia has issued a number of decisions in the last several years touching upon the outer contours of jurisdiction under the Clean Water Act’s citizens suits provision (33 U.S.C § 1365), in most cases arising out of challenges to permits for proposed coal mining operations or efforts to impose penalties on mining companies for excessive pollutant discharges.

By its Dec. 2, 2013, Memorandum Opinion and Order in Ohio Valley Environmental Coalition Inc., et al. v. Hernshaw...
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