Southern Appalachian Mountain Stewards v. Red River Coal Company, Inc., No. 19-2194 (4th Cir. 2021)Annotate this Case
The Fourth Circuit affirmed the district court's grant of summary judgment in favor of Red River on the Surface Mining Control and Reclamation Act claim. Plaintiffs filed suit alleging that Red River had violated the Clean Water Act, the Surface Mining Act, and, in the alternative, the Resource Conservation and Recovery Act. Plaintiffs' claims stemmed from alleged discharges of pollutants from point sources at Red River's now-inactive mine, and Red River's activities at the mine were governed by a combined Clean Water Act and Surface Mining Act permit issued by Virginia.
The court held that, because the Surface Mining Act's lack of a permit shield supersedes, amends, or modifies the Clean Water Act's permit shield, the saving clause prevents liability under the Surface Mining Act for conduct that is otherwise shielded from liability under the Clean Water Act. The court explained that permitting liability under the Surface Mining Act for pollutant discharges that are otherwise exempted from liability under a Clean Water Act permit would contravene the text of the saving clause by allowing the Surface Mining Act to supersede, modify, or amend the Clean Water Act's permitting regime.
The court issued a subsequent related opinion or order on March 31, 2021.