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BLANKENSHIP v. CONSOLIDATION COAL CO.

No. 15-2480, No. 15-2482.

850 F.3d 630 (2017)

Neal BLANKENSHIP; Emma Gay Blankenship, Plaintiffs-Appellants, v. CONSOLIDATION COAL COMPANY, a Delaware Corporation; Island Creek Coal Company, a Delaware Corporation, Defendants-Appellees, and Consol Energy, Inc., a Delaware Corporation, Defendant. Dianna L. Graham; Anna Pearl Ratliff; Ira Gordon Ratliff; Connie Ratliff, Plaintiffs-Appellants, v. Consolidation Coal Company, a Delaware Corporation; Island Creek Coal Company, a Delaware Corporation, Defendants-Appellees, and CNX Gas Company, LLC, a Virginia Limited Liability Company; Consol Energy, Inc., a Delaware Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 9, 2017.

Attorney(s) appearing for the Case

ARGUED: April Dawn Ferrebee , MASTERS LAW FIRM, LC, Charleston, West Virginia; Terrence Shea Cook , T. SHEA COOK, PC, Richlands, Virginia, for Appellants. James F. Neale , Jonathan Todd Blank , MCGUIREWOODS LLP, Charlottesville, Virginia, for Appellees. ON BRIEF: Marvin W. Masters , MASTERS LAW FIRM, LC, Charleston, West Virginia, for Appellants. Larissa LPC Sneathern , Charlottesville, Virginia, Tennille J. Checkovich , Lena L. Busscher , MCGUIREWOODS LLP, Richmond, Virginia; David Grant Altizer , Mandy Varney French , ALTIZER, WALK AND WHITE PLLC, for Appellees.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Agee joined.

In March 1994, Consolidation Coal Company obtained the necessary government permit to "dewater" its Buchanan Mine, an underground coal mine in Buchanan County, Virginia. It then began to pump the water from its mine into the nearby Beatrice Mine, an exhausted coal mine owned by...

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