We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 38

W.Va. Supreme Court affirms award of attorneys’ fees and expenses against WVDEP in surface mine board appeals

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • October 30 2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy Creek Preservation Association (“HCPA”) more than $300,000 in attorneys’ fees and costs incurred in connection with two consolidated appeals brought before the West Virginia Surface Mine Board

Deepwater drilling: offshore oil progress delayed under "slowmatorium"

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • June 16 2011

Just over a year ago, in the wake of the Deepwater Horizon accident, the future of offshore oil exploration looked bleak

WVDEP's emergency rules on horizontal gas wells: comprehensive and detailed new requirements now apply to all Marcellus Wells

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • September 12 2011

On August 22, 2011, the West Virginia Department of Environmental Protection (WVDEP) filed an Emergency Rule with the Secretary of State, entitled “Rules Governing Horizontal Well Development” (W.Va. CSR 35-8-1.1, et seq

Before and after Kingston: a coal ash litigation update

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • April 13 2010

As reported in previous Dinsmore & Shohl Legal Alerts, the December 2008 breach of a coal ash impoundment at the Tennessee Valley Authority's facility in Kingston, Tennessee resulted in the spill of over 5 million cubic yards of coal ash into adjacent waterways and properties

EPA’s new enforcement priorities target the energy extraction industry

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • March 16 2010

As many interested environmental and industry groups have lauded and bemoaned respectively, the Environmental Protection Agency ("EPA") recently finalized its enforcement priorities for 2011 through 2013

Carbon capture and storage: cornerstone of a sound energy policy

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • January 12 2009

Unless we are all prepared to quit breathing, we are not going to put an end to all emissions of carbon dioxide

West Virginia Legislature passes comprehensive aboveground storage tank bill and amends public water supply laws

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • March 17 2014

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4-

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

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

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

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • 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