The failure to plead that a defendant was cited for a legal or regulatory violation was fatal to standing to bring a claim under the Sedimentation Pollution Control Act, but the trial court was required to dismiss the claim without ...Read More »
Environmental – Administrative – Pollutant Discharge Permit – Biological Integrity – Agency Interpretation
The respondent Department of Environmental Quality’s Standard Operating Procedures do not require a particular type of analysis to be done for a permit application; instead, the staff of DEQ uses its expertise to determine what types of testing or ...Read More »
After this court upheld an order requiring defendant to submit a permit application as an operator of a landfill, the Environmental Management Commission proposed a new rule governing hazardous waste generators. This court’s determination was made under 40 C.F.R. ...Read More »
EQT Production Co. v. Wender (Lawyers Weekly No. 001-179-17, 32 pp.) (Harris, J.) No. 16-1938, Aug. 30, 2017; USDC at Charleston W.Va. (Copenhaver, J.) 4th Cir. Holding: A West Virginia county’s local ordinance prohibiting the disposal of wastewater from plaintiff ...
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Hill v. Coggins (Lawyers Weekly No. 001-168-17, 33 pp.) (Floyd, J.) No. 16-1457, Aug. 14, 2017; USDC at Bryson City, NC. (Reidinger, J.) 4th Cir. Holding: Two patrons, members of a local Cherokee tribe, who visited defendants’ Cherokee Bear ...Read More »
Murray Energy Corp. v. Adm’r of the Environmental Protection Agency (Lawyers Weekly No. 001-149-17, 17 pp.) (Floyd, J.) No. 16-2432, June 29, 2017; USDC at Wheeling, W.Va. (Bailey, J.) 4th Cir. Holding: A district court did not have jurisdiction to ...Read More »