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Home / Opinion Digests / Clean Water compliance forecloses mining claim (access required)

Clean Water compliance forecloses mining claim (access required)

Where an operator has complied with the water-quality standards promulgated under the Clean Water Act, an assertion that same conduct violates the Surface Mining Act fails because the Mining Act’s saving clause prevents liability for conduct that is otherwise shielded from liability under the Clean Water Act. Background Virginia has promulgated water-quality standards by regulation under the ...