Category Archives: Litigation

4th Circuit Rejects Plaintiffs Common Law Claims

On September 4, 2013, the U.S. Court of Appeals for the Fourth Circuit rejected plaintiffs’ common law trespass claims and affirmed that “the district court was correct to hold that creating drill waste pits was reasonably necessary for recovery of natural gas and did not impose a substantial burden on the Whitemans’ surface property, that… Read More »

Pending USEPA Decision on Kentucky’s Proposed Selenium Standard Could Create New Battle in the War on Coal

The State of Kentucky is still waiting on a decision from the United States EPA regarding their proposed state water quality standard for selenium. Kentucky is the first coal producing state to submit a proposed state water quality standard for selenium based on new data that suggests less stringent requirements would adequately protect aquatic life.… Read More »