MORE WEST VIRGINIA NEWS

W.Va. community gets funds for flood repairs
Airport, chemical co want spill lawsuit dismissed
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Logger cleared in W.Va. park timbering case
Kentucky high court suspends lawyer after charges
Traveling sports exhibit on W.Va. tour
Flags lowered in honor of former W.Va. lawmaker
Testimony ends in W.Va. surface coal mine hearing
W.Va. gets NASA funding for STEM education
Marshall pep rally in Charleston sold out
Photos sought for W.Va. wildflower calendar
Woman killed in fire in Cottageville
W.Va. state Sen. John Unger to lead 3rd church
US grants to aid crime-fighting efforts in W.Va.
Parks Service bans drones over Appalachian Trail
Capito, Tennant to compete in chamber Senate forum
Overall ACT scores unchanged in West Virginia
Barboursville police seek marble vandal
Nurse sues South Charleston hospital over flu shot
Man faces murder charge in fatal Raleigh Co. fire
Marshall commission OKs power plant agreement
Allegiant Air adds Huntington-Punta Gorda service
Police issue 182 citations as WVU students return
1 dead in vehicle-train accident in W.Va.
Toyota commits $1m to W.Va. technical college
Doctor plans jogging clinic in Eastern Panhandle
W.Va. private school has state status revoked
$1 million Powerball ticket goes unclaimed
Billionaire to pay $1.5M fine for Kentucky mines
New federal mining rule survives court challenge



West Virginia News
News from the region's first prime-time newscast. You'll find it First On Fox!


SELENIUM DISCHARGES
Appeals court rules against coal company in southwestern Va. pollution case

Reported by: Associated Press
Friday, July 11, 2014 3:40 PM EDT
RICHMOND, Va.


A federal appeals court has upheld a judge's ruling that a company illegally discharged a pollutant into a Wise County creek.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously rejected A&G Coal Corp.'s claim that it was not required to report it was discharging selenium when the company applied for a permit for its Kelly Branch mine. Studies have found selenium harmful to aquatic life, and to humans with high-level exposure.

Friday's ruling affirmed a July 2013 decision by U.S. District Judge James P. Jones in a lawsuit filed by Appalachian Mountain Stewards, the Sierra Club and Appalachian Voices.

Judge J. Harvie Wilkinson III wrote that allowing A&G to use the so-called permit shield defense would "tear a large hole" in the federal Clean Water Act.










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