Judge: Permits Do Not Shield Companies From Clean Water Act Claims

Judge: Permits Do Not Shield Companies From Clean Water Act Claims

HUNTINGTON, W.Va. - A federal judge in West Virginia on Jan. 3 denied motions for summary judgment filed by two coal company defendants in a Clean Water Act (CWA) lawsuit, ruling that National Pollutant Discharge Elimination System (NPDES) permits they obtained do not shield them from liability under the act for discharges that allegedly contained higher amounts of contaminants than allowed (Ohio Valley Environmental Coalition, et al. v. Elk Run Coal Company Inc., et al., No. 12-0785, S.D. W.Va.; 2014 U.S. Dist. LEXIS 509).

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