Legal Opinion
Ohio Valley Environmental Coalition, Inc. v. Fola Coal Co.
District Court, S.D. West Virginia
Decided January 27, 2015No. Civil Action No. 2:13-5006PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, Chief Judge.
On August 19-22, 2014, the Court held a trial in this case on liability issues,1 and *676the 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 by discharging high levels of ionic pollution, as measured by conductivity, into Stillhouse Branch, which have caused or materially contributed to a significant adverse impact to the chemical and biological components of the…
2Cases cited20 opinions
- Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
- Nikitas Amorgianos v. National Railroad Passenger CorporationCourt of Appeals for the Second Circuit · 2002
- Richard Leander Ferebee, Jr. v. Chevron Chemical CompanyCourt of Appeals for the D.C. Circuit · 1984
- James Nelson, (Each and Every in This Class Action Suit) v. Tennessee Gas Pipeline Company El Paso Tennessee Pipeline CompanyCourt of Appeals for the Sixth Circuit · 2001
- Douglas C. Kilpatrick v. Breg, Inc.Court of Appeals for the Eleventh Circuit · 2010
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3Cited by5 opinions
- Ohio Valley Environmental Coalition v. Fola Coal Company, LLCCourt of Appeals for the Fourth Circuit · 2017
- Ohio Valley Environmental Coalition v. Foal Coal Co.District Court, S.D. West Virginia · 2017
- Ohio Valley Environmental Coalition v. Fola Coal Co.District Court, S.D. West Virginia · 2015
- Brian Clark v. West Virginia Division of Corrections and Rehabilitation, et al.District Court, S.D. West Virginia · 2025
- West Virginia Highlands Conservancy v. Lexington Coal Company, LLCDistrict Court, S.D. West Virginia · 2021