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Blankenship v. Consolidated Coal Co.

The Fourth Circuit upheld a lower court ruling that a coal company isn't liable for claims by property owners over water disposed of in a mine beneath their property because Virginia's statute of limitations prohibited the suit. The coal company undertook “dewatering” its active mine and disposi...

Center for Regulatory Reasonableness v. EPA

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...

Ohio Valley Envtl. Coalition, Inc. v McCarthy

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...