Potential criminal liability in the coal fields under the Clean Water Act: A defense perspective
Journal Article
·
· West Virginia Law Review; (United States)
OSTI ID:6105685
- Lewis, Friedberg, Glasser, Casey Rollins, Charleston, WV (United States)
The decisions in Law and Rayle Coal Co., and the recent civil enforcement action involving Cat Run Coal Company should serve as notice to coal operators and the owners of coal property that the state and federal governments plan to increase their enforcement of all environmental statutes, including the Clean Water Act. Each coal operator and owner of coal property needs to be prepared to defend its conduct under the level of scrutiny that may be applied to a defendant in federal district court. The time is ripe for coal operators and owners of coal property to focus on their potential liabilities under the Clean Water Act, other environmental statutes and EPA's storm water regulatory program. With proper attention to the legal liabilities imposed by these statutes and regulations, the coal industry should be able to continue to operate in a cost effective manner with some modifications to their manor of operations. Owners of property with abandoned or inactive coal mining operations that have water discharge problems will have to make the biggest adjustment as heretofore those inactive operations have not been regulated under the Clean Water Act. Should a coal company find itself a defendant in the United States District Court, it needs to be prepared to marshal its resources and adequately defend it and its employees conduct.
- OSTI ID:
- 6105685
- Journal Information:
- West Virginia Law Review; (United States), Journal Name: West Virginia Law Review; (United States) Vol. 95:3; ISSN 0043-3268; ISSN WVLRDO
- Country of Publication:
- United States
- Language:
- English
Similar Records
Avoiding criminal liabilities
Defining the scope of lender liability after Kelley v. EPA: Who will have safe harbor?
Contractor liability -- caught in the middle
Journal Article
·
Wed Jun 01 00:00:00 EDT 1994
· Chemical Engineering (New York); (United States)
·
OSTI ID:7109833
Defining the scope of lender liability after Kelley v. EPA: Who will have safe harbor?
Journal Article
·
Tue Aug 01 00:00:00 EDT 1995
· Energy Law Journal
·
OSTI ID:83432
Contractor liability -- caught in the middle
Conference
·
Sat Dec 30 23:00:00 EST 1995
·
OSTI ID:269102