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Double jeopardy? Citizen suit may proceed despite government enforcement action

Dinsmore & Shohl LLP
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USA
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September 2 2009

A Clean Water Act citizen suit may proceed against a coal operator notwithstanding government enforcement action addressing the same alleged violations, according to a federal district judge in West Virginia

EPA releases notice of data availability regarding forthcoming UIC rules for CO2 injection wells

Dinsmore & Shohl LLP
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USA
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September 2 2009

EPA recently released a pre-publication version of a Notice of Data Availability and Request for Comments ("Notice") pertaining to its proposed regulatory amendments to the Underground Injection Control (UIC) Program that would establish a new class of wells (Class VI), pursuant to its authority under the federal Safe Drinking Water Act

Coal combustion ash disposal: TVA breach leads to push for new regulations, lawsuits

Dinsmore & Shohl LLP
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USA
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April 16 2009

On December 22, 2008, there was a massive failure of a retention wall at a coal ash containment area at the Tennessee Valley Authority (TVA)'s "Fossil Plant," located near Kingston, Tennessee

West Virginia legislature voices opposition to EPA intrusion into state water quality rulemaking

Dinsmore & Shohl LLP
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USA
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March 16 2010

As has been described in previous Alerts, EPA has used a number of different approaches in seeking to thwart the issuance of so-called "dredge and fill" permits under Section 404 of the federal Clean Water Act (CWA) for coal mining projects in Appalachia

Piling on; how the effort to stop surface coal mining subverts the rule of law

Dinsmore & Shohl LLP
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USA
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August 24 2009

By all appearances, organized efforts to put an end to surface coal mining, especially in West Virginia, have been moving at warp speed since the new Administration took office

Medical facilities turn to alternative waste disposal options

Dinsmore & Shohl LLP
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USA
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December 4 2009

On October 6, 2009, the United States Environmental Protection Agency ("EPA") published a Final Rule entitled "Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: HospitalMedicalInfectious Waste Incinerators" ("Rule"

EPA's new "guidance" on coal mine permitting reveals a different kind of transparency

Dinsmore & Shohl LLP
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USA
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April 30 2010

About a year ago, I wrote in these pages that efforts by the federal Environmental Protection Agency (EPA) to restrict coal mining in West Virginia have very little to do with trying to enforce compliance with existing laws

Ninth Circuit rules that NPDES permits are required for logging road ditches and culverts

Dinsmore & Shohl LLP
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USA
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August 23 2010

In a decision that may eventually have significance far beyond the nine states encompassed by the Ninth Circuit Court of Appeals, that court ruled on August 17, 2010 that timber companies are required to obtain National Pollutant Discharge Elimination System ("NPDES") permits for stormwater discharges from logging roads that collect such runoff in ditches, culverts and other channels prior to discharge to streams and rivers

EPA looks to the sky for new limits on natural gas

Dinsmore & Shohl LLP
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USA
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September 10 2010

The rapid growth of natural gas exploration and production in the Marcellus Shale areas of New York, Pennsylvania, and West Virginia has led to considerable focus on the implications of such activities on water resources

Appalachian coal industry faces challenges in 2010

Dinsmore & Shohl LLP
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USA
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January 7 2010

As a new decade begins, coal companies with operations in Appalachian states face the prospect of continued efforts by opposition groups and their federal agency allies to severely limit their production activities, including in particular the development of new surface mines

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