ELR Citation: 44 ELR 20080
No(s). 2:12-3412 (S.D.W. Va. Mar 31, 2014) (Chambers, C.J.)

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium limits or monitoring and reporting requirements on their face must comply with West Virginia water quality standards. The case was brought by environmental groups who alleged that various mining companies violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The court held that the holders of permits that impose monitoring and reporting requirements for selenium but do not include future selenium limits explicitly on the face of the permits must comply with water quality standards. But holders of permits that impose present monitoring and reporting requirements for selenium and selenium limits that go into effect at a later date are not required to comply with water quality standards in the interim period between issuance of their permits and the effective date of the selenium limits. The court, therefore, looked at the selenium requirements applicable to each permit, concluding that several of the companies will need to comply with the selenium effluent limits in their state issued permits.