Fourth Circuit agrees not to revive wastewater suit

March 9, 2017

Blankenship v. Consolidation Coal Co. et al., 850 F.3d 630 (4th Cir. 2017). The Fourth Circuit affirmed summary judgment for coal companies on CERCLA and numerous state law claims in which plaintiffs had sought hundreds of millions of dollars in damages, plus punitive damages, for dewatering operations in which an old mine was filled with water. The court ruled that the claims were time-barred and that no CERCLA claim existed based on operations that amounted to federally-permitted water transfers.
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