Articles Posted in Supreme Court of Appeals of West Virginia

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In these consolidated appeals requiring the Supreme Court to interpret various provisions of the West Virginia Surface Coal Mining and Reclamation Rule (WVSCMRR), W.Va. CSR 38-2-1, the Supreme Court affirmed in part and reversed in part the order of the circuit court. The Supreme Court held that the circuit court (1) did not err in finding that the WVSCMRR does not require a coal company, in its application for modification of its mining permit, to demonstrate compliance with the Utility Protection Standard found at W.Va. 38-2-14.17; (2) did not err in ruling that the permit application sufficiently described how the coal operator would comply with the Utility Protection Standard; but (3) erred in finding that the WVSCMRR applied regardless of a coal operator’s common law property rights. View "Texas Eastern Transmission v. W. Va. Department of Environmental Protection" on Justia Law

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The Supreme Court granted a writ of prohibition requested by the West Virginia Department of Environmental Protection (DEP) in connection with an order of the circuit court compelling the DEP to direct Eastern Associated Coal, LLC (Eastern) to provide emergency drinking water, temporary potable water, and, ultimately, permanent water replacement to Respondent-residents pursuant to the provisions of the West Virginia Surface Coal Mining and Reclamation Act (SMCRA). The court held that the prerequisites for mandamus relief were not present in this case because the circuit court lacked the authority to direct the DEP to obtain water replacement for Respondents under the provisions of SMCRA. View "State ex rel. ERP Environmental Fund v. Honorable Warren D. McGraw" on Justia Law

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Respondents filed an amended complaint joining separate claims of seventy-nine individual plaintiffs, who alleged that they or their family members were injured by exposure to Coal Combustion Residuals (CCR) generated at the General James M. Gavin Power Plant and disposed of at the associated Gavin Landfill (collectively, Gavin Landfill). Twelve plaintiffs (the NWDC Plaintiffs) alleged that they suffered injury as a result of take-home exposure to CCR. The Mass Litigation Panel (MLP) denied Petitioners’ motion to dismiss the claims of the NWDC Plaintiffs, concluding that the doctrine of lex loci delicti required the application of Ohio law to the claims of the NWDC Plaintiffs. The court further found that the application of the Ohio Mixed Dust Statute was contrary to the public policy of West Virginia and, applying West Virginia’s public policy exception to the rule of lex loci delicti, declined to apply Ohio law to the NWDC Plaintiffs’ claims. The Supreme Court granted Petitioners’ requested writ of prohibition, holding that the MLP’s application of the public policy exception to the doctrine of lex loci delicti was clearly erroneous in this case, and therefore, under Ohio’s Mixed Dust Statute, Petitioners’ motion to dismiss should have been granted as to the twelve NWDC Plaintiffs. View "State ex rel. American Electric Power Co. v. Hon. Derek C. Swope" on Justia Law