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Tag Archives: Environmental

4th Cir.: EPA’s water oversight not yet triggered by state inaction

Although West Virginia has not promulgated or submitted required pollutant limits for its “biologically impaired” waterways, this failure doesn’t yet amount to a constructive submission of “no limits,” which would trigger EPA duties under the Clean Water Act. Background West ...

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WDVA: Tree-sitters in contempt, ordered to come down

Coles, Red, and Minor Terry were held in contempt of court for interfering with the Mountain Valley Pipeline’s use of easements of which it had been granted immediate possession. Red and Minor were given approximately one day to come down ...

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4th Cir.: Pleading standard clarified for CWA discharge claims

On an issue of first impression in this circuit, plaintiffs in citizen suits under the Clean Water Act must allege a “direct hydrological connection” between ground water and navigable waters in order to state a claim for a discharge of ...

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SCV: Code provides options for large renewable-energy consumers

High-demand customers can purchase renewable energy from competitive service providers under a statutory framework for “individual retail customers.” Background This appeal presents the question whether certain large electricity consumers can purchase electricity from any licensed supplier of energy in the ...

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WDVA: Immediate easement possession for pipeline co.

This court’s order of Jan. 31 granting Mountain Valley Pipeline immediate possession to numerous easements in the construction pathway of a FERC-approved pipeline was conditioned on its first presenting sufficient additional evidence that satisfies the constitutional requirements of eminent domain. ...

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Consent Decree OK’d for DuPont’s Mercury Damage

A Harrisonburg U.S. District Court approves a $42 million proposed Consent Decree between the federal and state governments and DuPont over damage to natural resources arising from DuPont’s twenty-year use of mercury in the manufacture of acetate fibers at its ...

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