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Case Summary Citation

Ohio Valley Environmental Coalition v. Fola Coal Company, LLC, 845 F.3d 133 (4th Cir. 2017)

Abstract

Disregarding CWA regulations, WVDEP allowed for a state coal mining company, Fola, to discharge pollutants into the Stillhouse Branch without regard for water quality violations. Fola claimed that because it held a WV/NPDES permit, it was shielded from any liability so long as the company followed the permit’s provisions, even if its discharge violated CWA water quality standards.

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