SIERRA CLUB v. POWELLTON COAL COMPANY, LLC

Civil Action No. 2:08-1363.

SIERRA CLUB and ANSTED HISTORIC PRESERVATION COUNCIL, INC., Plaintiffs, v. POWELLTON COAL COMPANY, LLC, Defendant.

United States District Court, S.D. West Virginia, Charleston.

February 3, 2010.


MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, District Judge.

This action arises under the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 through 1387, commonly referred to as the Clean Water Act, and the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. §§ 1201 through 1328. According to the plaintiffs, between March 1, 2006, and March 31, 2009, defendant Powellton Coal Company, LLC ("Powellton") accrued...

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