Sierra Club v. Powellton Coal Co.
ELR Citation: ELR 20199 No(s). 2:08-1363 (S.D. W. Va. Aug 18, 2009)
A district court denied a coal company's motion to dismiss environmental groups' CWA and SMCRA citizen suit action against it for unlawfully discharging pollutants into U.S. waters. The company argued that because West Virginia has already commenced and is diligently prosecuting an administrative pe...