Ohio Valley Environmental Coalition v. Fola Coal Co.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief Judge.

This suit concerns allegations that Defendant Fola . Coal Company, LLC,. has violated the narrative water quality standards of three separate permits for discharges from three mines into tributaries of-Leatherwood Creek. On June 1-4, 20Í5, the Court held a bench trial regard*512ing jurisdiction and liability, and the parties timely conducted post-trial' briefing.

As explained below, the Court FINDS that Plaintiffs have established, by a preponderance of the evidence, that Defendant has committed at least one violation of its permits…