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W.VA. LAND RES. v. AM. BITUMINOUS POWER

No. 21-0845 Nos. 21-0885 and 21-0893.

888 S.E.2d 911 (2023)

WEST VIRGINIA LAND RESOURCES, INC., and Marion County Coal Resources, Inc., Petitioners, v. AMERICAN BITUMINOUS POWER PARTNERS, LP, West Virginia Department of Environmental Protection, and West Virginia Environmental Quality Board, Respondents. American Bituminous Power Partners, L.P., a Delaware limited partnership, Petitioner, v. West Virginia Land Resources, Inc., Marion County Coal Resources, Inc., and West Virginia Environmental Quality Board, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 14, 2023.

Attorney(s) appearing for the Case

Christopher B. Power, Esq. , Robert M. Stonestreet, Esq. , Babst Calland Clements and Zomnir, PC, Charleston, West Virginia, Counsel for West Virginia Land, Resources, Inc., and Marion County Coal, Resources, Inc.

Jeffrey O. Dye, II, Esq. , Office of Legal Services, Charleston, West Virginia, Counsel for Respondent West Virginia, Department of Environmental Protection.

Roberta F. Green, Esq. , Christopher D. Negley, Esq. , Shuman McCuskey Slicer PLLC, Charleston, West Virginia, Counsel for American Bituminous Power, Partners, LP.

This appeal concerns an "Underground Injection Control Permit" issued to American Bituminous Power Partners, L.P. ("Ambit") that allows Ambit to pump or "inject" acid mine drainage into an abandoned underground mine. Several subsidiaries of a mining company, American Consolidated Natural Resources, Inc. ("ACNR"), challenged the...

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