Sierra Club v. Elk Run Coal Co.

ELR Citation: 40 ELR 20032
No(s). 2:10-00673 (S.D. W. Va. Nov 23, 2010)

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with the companies, the defendants argued that the groups' CWA claim...