Fourth Circuit Holds Virginia Coal Company Liable for UnpermHted Selenium Discharges

摘要

Virginia-based A&G Coal Corp. may not use the Clean Water Act permit shield to avoid liability for unpennitted discharges of naturally occurring, yet toxic, selenium from its Kelly Branch surface coal mine, a federal appeals court ruled July 11 (S. Appalachian Mountain Stewards v. A&G Coal Corp., 4th Cir., No. 13-2050,7/11/14). In upholding a lower court decision, the U.S. Court of Appeals for the Fourth Circuit said A&G failed to fulfill its obligation under the Clean Water Act and Virginia law by not reporting that selenium was being discharged in its waste streams, as required by the terms of its federal discharge permit.