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Cases / Briefs

April 25, 2012 Cases / Briefs

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…

April 25, 2012 Cases / Briefs

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…

April 25, 2012 Cases / Briefs

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.

April 25, 2012 Cases / Briefs

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…

April 24, 2012 Cases / Briefs

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…

April 24, 2012 Cases / Briefs

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…

April 24, 2012 Cases / Briefs

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…

April 24, 2012 Cases / Briefs

Friends of the Earth v. Laidlaw

Our amici brief in Friends of the Earth v. Laidlaw helped win a U.S. Supreme Court ruling upholding the right of citizens to bring suits and enforce civil penalties against companies that violate the Clean Water Act.  Several environmental groups joined in our brief.

April 24, 2012 Cases / Briefs

Exxon Shipping Company v. Baker

Public Justice joined an amicus brief that urged the U.S. Supreme Court to reject Exxon’s bid to evade full punishment for the harms caused by the wreck of the Exxon Valdez oil tanker in Alaska’s Prince William Sound in 1989. A 1994 jury ordered Exxon…

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