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Steptoe & Johnson PLLC: West Virginia Issues Section 401 Water Quality Certification Conditions for Nationwide Permits

The West Virginia Department of Environmental Protection has issued its Section 401 Water Quality Certification General and Special Conditions for the Army Corps of Engineers' (Corps) Nationwide Permits (NWPs) issued earlier this year pursuant to section 404 of the Clean Water Act for dredge and...

Steptoe & Johnson PLLC: West Virginia Supreme Court Rules Surface Owners Have No Right to Appeal Well Work Permits

By Armando Benincasa and Bridget Furbee [On Nov. 21] the West Virginia Supreme Court of Appeals issued an important decision regarding whether surface owners have a right to appeal well work permits issued by the West Virginia Department of Environmental Protection in the state's circuit courts...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...