Ohio Valley Envtl. Coal., Inc. v. Fola Coal. Co.

摘要

If the Court were considering high conductivity relating to, say, a residential development in Arizona, Plaintiffs evidence as presented here may well have been insufficient. But that is simply not the case here. In alleging a CWA violation for discharge of alkaline mine drainage with high levels of conductivity and sulfates, Plaintiffs have presented evidence showing that through a variety of methods and examining a range of data, numerous researchers have come to a generally consistent conclusion: high conductivity at central Appalachian sites associated with alkaline mine drainage is dominated by a unique mixture of ions and that particular variety of ionic pollution is known to cause or materially contribute to biological impairment. Thus, while conductivity may not generally be considered a pollutant, in this unique and well-studied region, it is a reasonable proxy for specific ionic pollutants known to cause violations of West Virginia's narrative water quality standards. The Court reserves judgment on whether Plaintiffs have met their ultimate persuasive burden of showing that a violation occurred by a preponderance of the evidence, and here concludes merely that the character and quantity of evidence presented by Plaintiffs is sufficient to defeat a motion for judgment on partial findings. For the reasons stated above, the Court DENIES Defendant's oral Motion for Judgment on Partial Findings. The Court DIRECTS the clerk to send a copy of this written Opinion and Order to counsel of record and any unrepresented parties.