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West Virginia

West Virginia Highlands Conservancy v. Norton

A district court holds that it lacks jurisdiction to enforce state law in an environmental group's Surface Mining Control and Reclamation Act (SMCRA) citizen suit against a state environmental agency and claiming that the state...

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

The court denies citizen groups' motion for a preliminary injunction to restrain West Virginia's environmental agency from issuing a surface mining permit that would allow a ridge top in the headwaters of Island Creek, West Virginia, to...

Valero Terrestrial Corp. v. Caffrey

The court affirms a district court decision that it lacked subject matter jurisdiction under the Tax Injunction Act to review landfill owners' challenge to a West Virginia law that imposes a solid waste assessment charge on the disposal...

Bragg v. Robertson

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized...

West Virginia Highlands Conservancy v. Babbitt

The court holds unripe for review the Interior Board of Land Appeals' (IBLA's) ruling that the Office of Surface Mining Reclamation and Enforcement (OSM) lacks jurisdiction to order a mining company to reduce acid mine drainage seeping...

Wheeling-Pittsburgh Steel Corp. v. EPA

The court affirms the dismissal of a steel company's petition for dispute resolution under a consent decree between the company and the U.S. Environmental Protection Agency (EPA) concerning a surface impoundment at the company's...

West Virginia Mining & Reclamation Ass'n v. Babbitt

A district court holds that the Office of Surface Mining Reclamation and Enforcement (OSM) was not arbitrary, capricious, or otherwise legally inconsistent when it disapproved an amendment to West Virginia's Surface Mining Control and...

M&J Coal Co. v. United States

The court holds that a Surface Mining Control and Reclamation Act (SMCRA) enforcement action by the U.S. Department of the Interior's Office of Surface Mining Reclamation and Enforcement (OSM) against mining companies was not a...