Christopher "Kip" B. Power

Christopher "Kip" B. Power

Dinsmore & Shohl LLP

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EPA Re-gains “Green Light” to Regulate Permitting Procedures - D.C. Circuit overturns lower court decisions on EPA permitting...

Two district court orders declaring the federal Environmental Protection Agency acted illegally when it implemented certain permitting procedures for coal mining operations have been vacated by a federal court of appeals....more

7/24/2014 - Clean Water Act Coal Mines Environmental Policies EPA Mining NPDES

Fourth Circuit Affirms Liability for Selenium Discharges - Rejects Permit Shield Defense

By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”)...more

7/24/2014 - Appeals Citizen Suits Clean Water Act Coal Coal Industry Environmental Liability Land-Use Permits NPDES

Hernshaw Decision Could Have Impacts Beyond Coal Industry - Court Allows Citizens Suit to Proceed Based On Lingering Effects from...

The U.S. District Court for the Southern District of West Virginia has issued a number of decisions in the last several years touching upon the outer contours of jurisdiction under the Clean Water Act’s citizen suits...more

12/17/2013 - Citizen Suits Clean Water Act Coal Discharge of Pollutants Mining Standing

Environmental Groups Seek to Impose Selenium Treatment Obligations on Property Owners

The Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy, and Sierra Club have filed five (5) lawsuits in the last two months in the U.S. District Court for the Southern District of West Virginia, alleging...more

7/1/2013 - Clean Water Act Discharge of Pollutants Mining NPDES Sierra Club

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

4/29/2013 - Clean Water Act Coal Mines Environmental Impact Report EPA Mining Permits US Army Corps of Engineers Veto Rights

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