Sierra Club v. Elk Run Coal Co.
Citation: 40 ELR 20265
No. No. 2:10-00673, (S.D. W. Va., 10/01/2010)
A district court denied coal companies' motion to transfer and/or consolidate an environmental group's CWA and SMCRA action against them for surface mine discharges with another case brought by the same group against the two additional companies concerning selenium runoff. The companies contend that CWA/SMCRA action and the selenium action involve common questions of law and fact, the joint resolution of which will avoid duplicative or potentially inconsistent judgments, along with promoting the efficient use of judicial resources. But the overriding interests in consistent adjudication, avoidance of duplicative litigation, maximization of judicial and other resources, and apt consideration of the group's divisional choice overcome the considerations identified by companies that weigh in favor of transfer and/or consolidation.