Judge Robert C Chambers of the USDC for the S. Dist of WV has been hearing, and ruling intermittently on, a long-running citizen suit brought against Apogee Coal and Hobet Mining. Ohio Valley Environmental Coalition, et al, v. Apogee Mining et al. His most recent ruling orders the coal companies to come into compliance with selenium limits at specified outfalls by Spring, 2013, and orders the installation of selenium treatment developed by their experts, CH2M Hill. A special master will be appointed to oversee the implementation of the selenium treatment.
The ruling is somewhat remarkable in that it holds Apogee in contempt for not exercising reasonable diligence in complying with an earlier order of the Court to install selenium treatment. The Court will consider what penalties to impose and whether to award attorneys fees and issue a ruling later this month.
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