SIERRA CLUB v. ICG HAZARD, LLC

No. 13-5086.

781 F.3d 281 (2015)

SIERRA CLUB, Plaintiff-Appellant, v. ICG HAZARD, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 27, 2015.


Attorney(s) appearing for the Case

ARGUED: Benjamin A. Luckett , Appalachian Mountain Advocates, Lewisburg, West Virginia, for Appellant. Robert G. McLusky , Jackson Kelly, PLLC, Charleston, West Virginia, for Appellee. ON BRIEF: Benjamin A. Luckett , Joseph M. Lovett Appalachian Mountain Advocates, Lewisburg, West Virginia, Stephen A. Sanders , Appalachian Citizens Law Center, Whitesburg, Kentucky, for Appellant. Robert G. McLusky , Jackson Kelly, PLLC, Charleston, West Virginia, Kevin M. McGuire , Laura P. Hoffman , Jackson Kelly, PLLC, Lexington, Kentucky, for Appellee. Karma B. Brown , Hunton & Williams LLP, Washington, D.C., for Amicus Curiae.

GIBBONS, J., delivered the opinion of the court in which McKEAGUE, J., joined. MERRITT, J. (pp. 16-18), delivered a separate dissenting opinion.


OPINION

This case, a citizen enforcement action under the Clean Water Act, requires consideration of the scope of the Act's "permit shield" in the context of a general discharge permit. ICG Hazard, LLC, operating under a general permit, conducted surface coal mining in Kentucky. The company discharged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases