Commonwealth of Pennsylvania v. Consol Energy, Inc.

This action is before the Court upon the appeal of the Commonwealth of Pennsylva nia, Pennsylvania Fish and Boat Commission (“PFBC”), from the July 12, 2013, order of the Circuit Court of Monongalia County dismissing its complaint against Consol Energy, Inc. and Consolidation Coal Company (collectively “Consol”). For the reasons that follow, this Court concludes PFBC has standing to file this civil action in West Virginia to seek recovery of damages for losses of fish and aquatic life allegedly caused by Consol’s discharges of pollutants into a stream which flows between West Virginia and…