OHIO VALLEY ENVIRONMENTAL COALITION; West Virginia Highlands Conservancy; and SIERRA CLUB, Plaintiffs-Appellees,
v.
FOLA COAL COMPANY, LLC, Defendant-Appellant.
American Forest and Paper Association; American Petroleum Institute; National Association of Clean Water Agencies; National Association of Home Builders; National Association of Manufacturers; National Mining Association; Utility Water Act Group, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 27, 2016.
Decided: January 4, 2017.
Attorney(s) appearing for the Case
ARGUED: Michael Shane Harvey , JACKSON KELLY PLLC, Charleston, West Virginia, for Appellant. Joseph Mark Lovett , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Appellees. Thomas M. Johnson, Jr. , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Amici The State of West Virginia and West Virginia Department of Environmental Protection. ON BRIEF: Robert G. McLusky , Jennifer L. Hughes , JACKSON KELLY PLLC, Charleston, West Virginia, for Appellant. J. Michael Becher , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia; James M. Hecker , PUBLIC JUSTICE, Washington, D.C., for Appellees. Karen C. Bennett , Samuel L. Brown , Brian R. Levey , Kristy Bulleit , HUNTON & WILLIAMS LLP, Washington, D.C.; Jan A. Poling , AMERICAN FOREST & PAPER ASSOCIATION, Washington, D.C.; Amanda Waters , Erica Spitzig , NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES, Washington, D.C.; Linda E. Kelly , Quentin Riegel , NATIONAL ASSOCIATION OF MANUFACTURERS, Washington, D.C.; Peter Tolsdorf , AMERICAN PETROLEUM INSTITUTE, Washington, D.C.; Tom Ward , NATIONAL ASSOCIATION OF HOME BUILDERS, Washington, D.C., for Amici American Forest & Paper Association, American Petroleum Institute, National Association of Clean Water Agencies, National Association of Home Builders, National Association of Manufacturers, National Mining Association and Utility Water Act Group. John C. Cruden , Assistant Attorney General, David S. Gualtieri , Jennifer Neumann , Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States Environmental Protection Agency. Patrick Morrisey , Attorney General, Elbert Lin , Solicitor General, Erica N. Peterson , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia; Kristin Boggs , General Counsel, Thomas L. Clarke , Senior Policy Advisor and Counsel, WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Charleston, West Virginia, for Amici The State of West Virginia and West Virginia Department of Environmental Protection.
Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Lee joined.
DIANA GRIBBON MOTZ, Circuit Judge:
Several environmental groups brought this action against a coal company, alleging that the company had violated the Clean Water Act and seeking appropriate injunctive relief. After a bench trial, the district court found that the company had indeed violated the Act and ordered it to take corrective measures. The...
Let's get started
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.
