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Selenium

83 FR 64059

ELR Federal Agency Update

Sierra Club v. ICG Hazard, LLC

ELR Case

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into...

Ohio Valley Environmental Coalition v. Alex Energy, Inc.

ELR Case

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...

Southern Appalachian Mountain Stewards v. A&G Coal Corp.

ELR Case

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued...

Ohio Valley Environmental Coalition v. Consol of Kentucky

ELR Case

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...

Ohio Valley Environmental Coalition v. Marfork Coal Co.

ELR Case

A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the...

Ohio Valley Environmental Coalition, Inc. v. Alex Energy, Inc.

ELR Case

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium...

Utah: Water

ELR State Update Item

Ohio Valley Environmental Coalition v. FOLA Coal

ELR Case

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...