758 S.E.2d 762
W. Va.2014Background
- PFBC, a Pennsylvania agency, seeks damages in West Virginia for a 2009 fish kill in Dunkard Creek tied to Consol’s West Virginia discharges.
- PFBC filed suit in Monongalia County Circuit Court (Sept. 2, 2011) asserting West Virginia common-law tort claims: nuisance, trespass, negligence, and negligence per se.
- PFBC alleges Consol’s discharges influenced conditions enabling golden algae blooms, causing losses of fish and aquatic life in Pennsylvania waters and seeking various damages.
- The case was removed to West Virginia from federal court and later dismissed on Rule 12(b)(1) grounds for lack of standing; the circuit court held PFBC lacked standing.
- The West Virginia Supreme Court of Appeals reverses, holding PFBC has standing and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PFBC has standing to sue in West Virginia for losses of Pennsylvania fish and aquatic life. | PFBC has a legislatively conferred interest and authority to recover damages for killed fish. | PFBC lacks standing under WV law and delegation does not create standing. | PFBC has standing to sue in West Virginia. |
Key Cases Cited
- State ex rel. Orlofske v. City of Wheeling, 212 W.Va. 538 (2002) (de novo review of pure questions of law on appeal from dismissal)
- Findley v. State Farm Mut. Auto. Ins. Co., 213 W.Va. 80 (2002) (standing requires injury, causation, and redressability)
- Walker v. W.Va. Ethics Comm’n, 201 W.Va. 108 (1997) (agency powers extend to necessary and implicit functions)