Ohio Valley Environmental Coalition v. Fola Coal Company, LLC, No. 16-1024 (4th Cir. 2017)Annotate this Case
Plaintiffs, several environmental groups, filed suit against the Fola Coal Company alleging that it had violated the Clean Water Act (CWA), 33 U.S.C. 1251, and seeking injunctive relief. Plaintiffs alleged that the company discharged ions and sulfates in sufficient quantities to cause increased conductivity in the Stillhouse Branch tributary and waterway, which resulted in a violation of water quality standards. The district court found that the company had indeed violated the Act and ordered it to take corrective measures. The court concluded that, because the company did not comply with the conditions of its National Pollution Discharge Elimination System (“NPDES”) permit, the permit does not shield it from liability under the CWA. Therefore, the district court properly ordered appropriate remedial measures. The court affirmed the judgment.