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Ohio Valley Environmental Coalition v. FOLA Coal

ELR Citation: ELR 20003
Nos. 2:12-3750, (S.D. W. Va., 12/19/2013) (Chambers, J.)

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability because selenium was not a pollutant whose discharge was limited under the terms of its state permit....

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