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Expert Analysis

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....

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