West Virginia Highlands Conservancy, Inc. v. Huffman

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.

OPINION

WILKINSON, Circuit Judge:

The West Virginia Department of Environmental Protection (“WVDEP”) appeals an injunction requiring it to obtain National Pollutant Discharge Elimination System permits under the Clean Water Act (“CWA”), see 33 U.S.C. § 1342 et seq., for reclamation efforts at abandoned coal mining sites. The injunction was based on the district court’s conclusion that the plain language of the CWA and applicable EPA regulations require such a permit.

The trial court’s…