WEST VIRGINIA HIGHLANDS CONSERVANCY v. HUFFMAN

No. 09-1474.

625 F.3d 159 (2010)

WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED; West Virginia Rivers Coalition, Plaintiffs-Appellees, v. Randy C. HUFFMAN, Secretary, West Virginia Department of Environmental Protection, Defendant-Appellant. Interstate Mining Compact Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 8, 2010.


Attorney(s) appearing for the Case

ARGUED: Benjamin L. Bailey , Bailey & Glasser, LLP, Charleston, West Virginia, for Appellant. James M. Hecker , Public Justice, Washington, D.C., for Appellees. ON BRIEF: Raymond S. Franks , West Virginia Department of Environmental Protection, Charleston, West Virginia, for Appellant. Joseph M. Lovett , Derek Teaney , Appalachian Center for the Economy and the Environment, Lewisburg, West Virginia, for Appellees. Gregory E. Conrad , Executive Director, Interstate Mining Compact Commission, Herndon, Virginia; Richard S. Morrison , Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, Pennsylvania, for Amicus Supporting Appellant.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.


OPINION

WILKINSON, Circuit Judge:

The West Virginia Department of Environmental Protection ("WVDEP") appeals an injunction requiring it to obtain National Pollutant Discharge Elimination System permits under the Clean Water Act ("CWA"), see 33 U.S.C. § 1342 et seq., for reclamation efforts at abandoned coal mining sites. The injunction was based on the district court's conclusion that the plain language of the CWA and applicable EPA regulations...

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