Robert Stonestreet

Robert Stonestreet

Dinsmore & Shohl LLP

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Federal Court Ruling Creates Effluent Limit Paradox - Violations may lead to suits, penalties under Clean Water Act

A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. ...more

4/7/2014 - Clean Water Act Department of Environmental Protection Storm Water

West Virginia Legislature Passes Comprehensive Aboveground Storage Tank Bill and Amends Public Water Supply Laws

On March 8, 2014, the West Virginia Legislature passed a comprehensive bill, primarily in response to the Jan. 9, 2014 leak of fluid containing 4- Methylcyclohexane Methanol (MCHM) from an aboveground storage tank into the...more

3/18/2014 - Storage Tanks Utilities Sector Water Water Supplies

State Primacy in Coal Mining Regulations Challenged: Environmental Group Seeks Federal Court Jurisdiction

State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Center, et al. v. Stone-Manning, et al., Appeal No. 13-35107 (Ninth Circuit Court of...more

10/15/2013 - Coal Mines Eleventh Amendment Jurisdiction Mining SMRCA Sovereign Immunity

States’ Primary Authority to Regulate Coal Mining Pursuant to SMCRA Under Assault

As suggested in a “Guidance Memorandum” issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S. Department of Interior’s Office of Surface Mining (“OSM”) in November 2010,...more

10/15/2013 - Coal Coal Industry Coal Mines Department of Environmental Protection Jurisdiction Mining Permits Ripeness

Upcoming Ruling Will Impact West Virginia Water Permitting Process -- Dinsmore files amicus brief with Supreme Court to support...

Nearly three years ago, the Sierra Club commenced an administrative appeal of a WV/NPDES water discharge permit issued by the West Virginia Department of Environmental Protection (“WVDEP”) for a mining operation in Monongalia...more

7/30/2013 - Discharge of Pollutants EPA Mining Sierra Club Water

West Virginia Chamber Environmental Committee Meets With EPA Region III – “Sustainability” Is The Buzzword Of The Day

On June 25, 2013, along with other members of the West Virginia Chamber of Commerce’s Environmental Committee, we met in Philadelphia with EPA Region III Regional Administrator Shawn M. Garvin and about a dozen members of his...more

7/1/2013 - Environmental Policies EPA Greenhouse Gas Emissions Mining Oil & Gas Shale Gas Sustainability

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

West Virginia Surface Owners May Not Appeal Gas Well Permits

As reported on September 27, 2012, the West Virginia Supreme Court of Appeals was recently presented with a certified question concerning whether surface rights owners may bring a court action to challenge gas well drilling...more

11/27/2012

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