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Ohio Valley Environmental Coalition v. Marfork Coal Co.

ELR Citation: 43 ELR 20209
Nos. 5:12-1464, (S.D. W. Va., 08/23/2013) (Chambers, J.)

A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit against the company has standing, and it satisfied the statutes' 60-day notice requirements for citizen suits. As for the merits, the group demonstrated a continuing violation of the mine's effluent limits for selenium. The permit contains effluent limits for selenium of 4.7μg/L monthly average and 8.2μg/L daily maximum, and the mining company reported selenium concentrations that exceeded the permitted amount. Because there is no genuine issue as to any material fact that the company is in violation of its permit, the group is entitled to summary judgment.