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West Virginia

EQT Production Co. v. Wender

A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes a general, countywide ban on all storage of...

Ohio Valley Environmental Coalition v. Alex Energy, Inc.

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...

Ohio Valley Environmental Coalition v. Consol of Kentucky

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it...

Patriot Mining Co. v. Sierra Club

A West Virginia court reversed a decision by the state environmental quality board in which it remanded a NPDES permit for a mining company to the state environmental agency for further review and analysis. The board's decision not to...

Northeast Natural Energy v. Morgantown,

A West Virginia court overturned a city's ordinance banning the hydraulic fracturing of Marcellus shale. The city, characterizing the hydraulic fracturing process as a nuisance, argued that it has the authority to enact and enforce the...

Ohio River Valley Environmental Coalition, Inc. v. Salazar

A district court upheld the OSM's approval of amendments to West Virginia's federally approved SMCRA program that pertain to cumulative hydrologic impact assessments. The amendments delete the program's definition of “cumulative...

Perrine v. E.I. du Pont de Nemours & Co.

The West Virginia Supreme Court affirmed in part and reversed in part a series of jury verdicts, orders and rulings in a class action where the owner of a zinc smelter facility was found liable to class members for approximately $382...

Harrison v. Skyline Corp.

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer. The owners, who began experiencing...

Ohio River Valley Envtl. Coalition, Inc. v. Salazar

A district court held that the West Virginia Department of Environmental Protection may intervene in environmental groups' lawsuit challenging the DOI Secretary's approval of two amendments to the state's surface mining regulatory...

West Virginia Highlands Conservancy v. Norton

The court denies an environmental group's motions challenging the Office of Surface Mining's (OSM's) approval of a West Virginia law amending the alternative bonding system (ABS) requirements under the state's Surface Mining Control and...