Ohio Valley Environmental Coalition v. Fola Coal Co.
120 F. Supp. 3d 509
S.D.W. Va2015Background
- Citizen suit brought under the Clean Water Act and SMCRA against Fola Coal Co. alleging three mining discharges violated narrative water-quality standards.
- Discharges from three mines (Mine No. 2, Mine No. 4A, Mine No. 6) into Leatherwood Creek tributaries were monitored for conductivity and related ionic pollution.
- Court held a bench trial June 1–4, 2015, addressing jurisdiction, liability, and causation; post-trial briefing followed.
- Court found by preponderance that Mine No. 2 and Mine No. 6 discharged high ionic pollution into Road Fork and Cogar Hollow, causing or materially contributing to significant aquatic impairment.
- Court found no liability for discharges from Mine No. 4A into Right Fork under WV/NPDES Permit WV1013815.
- Regulatory framework: WV DEP administers WV/NPDES; WVSCMRA regulates mining permits; permits incorporate WV water-quality standards as enforceable conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| General causation linkage | OVEC/Co. rely on EPA Benchmark linking conductivity to impairment | Defendant challenges benchmark validity and applicability | Yes; conductance impairment linked to biological impairment under Benchmark |
| Specific causation for Mine No. 2 and No. 6 | High conductivity discharges cause impairment in Road Fork and Cogar Hollow | Cannot attribute impairment to specific discharges given other inputs | Yes; discharges from Mine Nos. 2 and 6 cause or materially contribute to impairment |
| Liability for Mine No. 4A | Outlets 022, 023, 027 cause downstream impairment | Evidence does not isolate impacts of those three outlets | No; no proven material contribution by those outlets |
| Material contribution standard | Conductivity is among material contributors to impairment | Need more than a contributing factor; insufficient connection to where testing occurred | Met; conductivity among material contributors; not required to be sole cause |
Key Cases Cited
- Crutchfield v. County of Hanover, 325 F.3d 211 (4th Cir. 2003) (deference to agency science within expertise)
- Reynolds Metals Co. v. U.S. E.P.A., 760 F.2d 549 (4th Cir. 1985) (defer in agency scientific determinations; rational connection standard)
- Baltimore Gas & Elec. Co. v. Natural Resources Defense Council, Inc., 462 U.S. 87 (1983) (agency predictions at frontiers of science require deference)
- Elk Run Coal Co., Inc., 24 F.Supp.3d 532 (S.D.W.Va. 2014) (EPA Benchmark deferred to as a scientific basis in causation)