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MONONGAHELA POWER v. CHIEF, OFFICE OF WATER

No. 30105.

567 S.E.2d 629 (2002)

211 W.Va. 619

MONONGAHELA POWER COMPANY, West Virginia Power and Transmission Company, Timberline Utilities, Inc., and Martin Jefferson, Appellants Below, Appellees, v. CHIEF, OFFICE OF WATER RESOURCES, DIVISION OF ENVIRONMENTAL PROTECTION, and West Virginia Environmental Quality Board, Appellees Below, Appellants. and Monongahela Power Company, The Potomac Edison Company, West Penn Power Company and West Virginia Power and Transmission Company, Appellants Below, Appellees, v. Office of Water Resources, Division of Environmental Protection, Appellee Below, Appellant. and Ohio Power Company, Wheeling Power Company, Appalachian Power Company and Consolidation Coal Company, Appellants Below, Appellees, v. Chief, Office of Water Resources, Division of Environmental Protection, Appellee Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2002.

Attorney(s) appearing for the Case

Gary Adamson Jack, Fairmont, West Virginia, for Monongahela Power Co., West Virginia Power and Transmission Co., Timberline Utilities, Inc.

David L. Yaussy, Robinson & McElwee, PLCC, Charleston, West Virginia, for Martin Jefferson, Ohio Power Co., Wheeling Power Co., Appalachian Power Co. & Consolidation Coal Co.

Perry D. McDaniel, Christopher D. Negley, Office of Legal Services, Charleston, West Virginia, for Department of Environmental Protection (DEP).

Eric G. Reeves, Utility Water Act Group, John W. Cooper, Blackwater River Watershed Association, Inc., F. Paul Calamita, West Virginia Municipal Water Quality Association, Inc., for amici curiae.

MAYNARD, Justice.

The appellant, the Secretary of the West Virginia Department of Environmental Protection, appeals the April 30, 2001 order of the Circuit Court of Kanawha County which reversed the Environmental Quality Board's March 26, 1999 and May 5, 1999 orders. In the 1999 orders, the Environmental Quality Board affirmed action taken by the Chief of the Office of Water Resources1 of the...

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