Legal Opinion
Ohio Valley Environmental Coalition v. Elk Run Coal Co.
District Court, S.D. West Virginia
Decided June 4, 2014No. Civil Action No. 3:12-0785PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, Chief Judge.
On December 3-4, 2013, the Court held a trial in this case regarding jurisdiction and liability,1 and the parties timely conducted post-trial briefing. As explained below, the Court FINDS that Plaintiffs have' established statutory jurisdiction under both the Clean Water Act and the Surface Mining Control and Reclamation Act. The Court further FINDS that Plaintiffs have established, by a preponderance of the evidence, that each Defendant has committed at least one violation of its permits by discharging into Laurel Creek or Robinson…
2Cases cited18 opinions
- Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
- Decker v. Northwest Environmental Defense CenterSupreme Court of the United States · 2013
- Davies v. Wv Office of the Insurance Commission, 35550 (w.va. 4-1-2011)West Virginia Supreme Court · 2011
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3Cited by7 opinions
- Ohio Valley Environmental Coalition v. Fola Coal Co.District Court, S.D. West Virginia · 2015
- Ohio Valley Environmental Coalition, Inc. v. Fola Coal Co.District Court, S.D. West Virginia · 2015
- City of Hurricane v. Disposal Service Inc.District Court, S.D. West Virginia · 2014
- Humane Soc'y of the U.S. v. Hanor Co. of Wis., LLCDistrict Court, E.D. North Carolina · 2018
- Power Probe Group, Inc. v. Innova Electronics CorporationDistrict Court, D. Nevada · 2023
2 more not listed; retrieve them via the Exa API.