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SOUTHERN APPALACHIAN MOUNTAIN v. RED RIVER COAL

No. 19-2194.

992 F.3d 306 (2021)

SOUTHERN APPALACHIAN MOUNTAIN STEWARDS; Appalachian Voices; Sierra Club, Plaintiffs-Appellants, v. RED RIVER COAL COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Argued: December 8, 2020.

Attorney(s) appearing for the Case

ARGUED: John Michael Becher , APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Appellants. Dabney J. Carr , TROUTMAN PEPPER HAMILTON SANDERS LLP, Richmond, Virginia, for Appellee. ON BRIEF: Peter Morgan , SIERRA CLUB, Denver, Colorado, for Appellants. Brooks M. Smith , TROUTMAN SANDERS LLP, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Richardson wrote the opinion, in which Chief Judge Gregory and Judge Niemeyer concurred.

Virginia has promulgated water-quality standards by regulation under the federal Surface Mining Control and Reclamation Act ("Surface Mining Act") that are effectively the same as the water-quality standards under the federal Clean Water Act. Under the Clean Water Act, an operator's compliance with its issued permit shields...

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