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WEST VIRGINIA COAL ASS'N v. REILLY

Civ. A. No. 2:87-0834.

728 F.Supp. 1276 (1989)

WEST VIRGINIA COAL ASSOCIATION; West Virginia Mining and Reclamation Association; American Electric Power Fuel Supply Corporation; Cannelton Industries, Inc.; Elk Run Coal Company, Inc.; Omar Mining Company; U.S. Steel Mining Company, Inc.; Westmoreland Coal Company, Inc.; and Wynchester Mining Company, Inc., Plaintiffs, v. William K. REILLY, Administrator, United States Environmental Protection Agency, Defendant.

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

December 28, 1989.

Attorney(s) appearing for the Case

James R. Snyder, Jackson & Kelly, Charleston, W.Va., for plaintiffs.

Stephen M. Horn, Asst. U.S. Atty., Charleston, W.Va., Bradley S. Bridgewater, Land & Natural Resources Div., Washington, D.C., for defendant.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the plaintiffs' motion for summary judgment. The question presented to the court is whether the United States Environmental Protection Agency (hereinafter, "EPA") has statutory authority under the Clean Water Act to adopt a policy which generally prohibits in-stream treatment ponds and fills and to object to draft National Pollutant Discharge Elimination System permits submitted...

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