Jump to Navigation
Jump to Content

Ohio Valley Environmental Coalition v. Alex Energy, Inc.

ELR Citation: 44 ELR 20178
Nos. 2:13-20571, (S.D. W. Va., 07/22/2014) (Chambers, C.J.)

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose selenium limitations, but it does incorporate by reference state requirements that discharges comply with the state's water quality standards. Because the evidence establishes at least one violation of West Virginia’s water quality standards, the company is liable under the CWA. In addition, the record demonstrates that the company violated SMCRA's performance standards regarding water quality as well as SMCRA’s requirement that adequate treatment facilities be installed. An environmental group's motion for partial summary judgment was therefore granted.