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Cases / Briefs

Sierra Club et al v. Wellington Development-WVDT, LLC

Public Justice filed judicial and administrative challenges under the Clean Air Act to a proposed power plant in southwestern Pennsylvania. The plant plans to burn 100 million tons of waste coal to generate electricity – a move that would contribute significantly to air pollution and…

PR Campers v. Puerto Rican Aqueduct & Sewer Authority

Citizen suit under the Clean Water Act for violations of a discharge permit by a waste water treatment plant on the northeastern coast of Puerto Rico. We settled this citizen’s suit under the Clean Water Act , requiring Puerto Rico Aqueduct and Sewer Authority (PRASA)…

PIRGIM v. Bradford-White Corporation

Environmental citizen suit settlement forcing Michigan’s Bradford-White Corporation to comply with the Clean Water Act and pay for violating it. We won an environmental citizen suit settlement forcing Michigan’s Bradford-White Corporation to comply with the Clean Water Act and pay for violating it.  The settlement…

Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers

This lawsuit challenged the Corps’ issuance of individual permits under the Clean Water Act for valley fills at about fifteen large surface coal mines in West Virginia.  The district court vacated and enjoined several of these permits, holding that the Corps’ permitting methodology was unscientific…

Ohio Valley Environmental Coalition v. Hurst

One of  two cases that challenged the U.S. Army Corps of Engineers’ practice of granting routine general permits under the Clean Water Act for valley fills in West Virginia and Kentucky, even though those permits are only supposed to be used for activities that have…

Ohio Valley Environmental Coalition v. Horinko

We won a federal court decision overturning the U.S. Environmental Protection Agency’s approval of West Virginia’s stream protection policy.  The court held that the state’s “anti-degradation” rules do not provide the minimum protection necessary under the federal Clean Water Act.

Ohio Valley Environmental Coalition v. Bulen

This lawsuit achieved a landmark victory that significantly reforms the permitting process for mountaintop removal coal mining. On July 8, 2004, U.S. District Judge Joseph R. Goodwin in West Virginia ruled that the U.S. Army Corps of Engineers can no longer allow coal companies to…

Mountaintop Removal Mining Programmatic Environmental Impact Statement

Based on Public Justice’s FOIA responses revealing internal agency deliberations on the draft EIS, we filed extensive comments on behalf of of West Virginia Highlands Conservancy and Ohio Valley Environmental Coalition criticizing the limited scope and analysis in the Draft Programmatic Environmental Impact Statement on…

Kentucky Riverkeeper, Inc. v. Midkiff

One of  two cases that challenged the U.S. Army Corps of Engineers’ practice of granting routine general permits under the Clean Water Act for valley fills in Kentucky and West Virginia, even though those permits are only supposed to be used for activities that have…

Kentuckians for the Commonwealth v. Rivenburgh

This case challenged the U.S. Army Corps of Engineers’ decision to grant a nationwide permit under the Clean Water Act to a surface mining operation in Kentucky that proposed to fill six miles of streams with mining waste. The district court’s ruling that the Corps…