W. Va. Land Resources, Inc. v. American Bituminous Power Partners, LP (Signed Opinion)
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The Supreme Court affirmed the decision of the Environmental Quality Board (EQB) modifying an "Underground Injection Control Permit" issued to American Bitumious Power Partners, L.P. (Ambit) allowing Ambit to pump or inject acid mine drainage (AMD) into an abandoned underground mine, holding that the EQB acted within its discretion when it modified the permit.
The permit at issue allowed Ambit to inject increased volumes of AMD that was sought in Ambit's permit application. The EQB concluded that the DEP's issuance of the permit was arbitrary, capricious, and in violation of applicable statutory and regulatory provisions governing the process for issuing permits. In modifying the permit, the EQB reduced the higher quantities of AMD sought by Ambit and ordered that Ambit would only be permitted to inject the same amounts of AMD approved earlier. The Supreme Court affirmed, holding (1) the EQB's findings supported by the substantive evidence on the record; and (2) the EQB's conclusions were neither arbitrary nor capricious nor an abuse of discretion.
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