OHIO VALLY ENVIRONMENTAL COALITION, INC. v. FOLA COAL COMPANY, LLC

Civil Action No. 2:12-3750.

OHIO VALLY ENVIRONMENTAL COALITION, INC., et al., Plaintiffs, v. FOLA COAL COMPANY, LLC, Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

February 2, 2015.


Attorney(s) appearing for the Case

Ohio Valley Environmental Coalition, Inc., Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

West Virginia Highlands Conservancy, Inc., Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Sierra Club, Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Fola Coal Company, LLC, Defendant, represented by Jennifer L. Hughes , JACKSON KELLY, M. Shane Harvey , JACKSON KELLY, Robert G. McLusky , JACKSON KELLY & Matthew Scott Tyree , JACKSON KELLY.

United States of America, Interested Party, represented by John Pershing Tustin , UNITED STATES DEPARTMENT OF JUSTICE.


MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief District Judge.

On July 26, 2012, Plaintiffs filed a Complaint alleging violations of water quality standard for selenium provided by West Virginia Code of State Rules § 47-2, Appendix #, Table 1, Division 8.27, in violation of (1) West Virginia/National Pollution Discharge Elimination System ("WV/NPDES") Permit Nos. WV1013815 and WV1017934 issued to Defendant pursuant to Section 402 of the Clean...

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