Legal Case Summary

Ohio Valley Environmental Coal v. US Army Corps of Eng


Date Argued: Tue Mar 19 2013
Case Number: 43900-0
Docket Number: 2605562
Judges:William B. Traxler Jr., J. Harvie Wilkinson III, Paul V. Niemeyer
Duration: 51 minutes
Court Name: Court of Appeals for the Fourth Circuit

Case Summary

**Case Summary: Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers** **Docket Number:** 2605562 **Court:** United States District Court for the Southern District of West Virginia **Filing Date:** Specific date not provided **Overview:** The case of Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers revolves around environmental concerns related to coal mining operations and the regulatory responsibilities of the U.S. Army Corps of Engineers (Corps). The Ohio Valley Environmental Coalition (OVEC) is an environmental advocacy group challenging the actions and decisions of the Corps concerning permits issued for coal mining activities that purportedly violate the Clean Water Act (CWA) and other environmental protections. **Key Issues:** 1. **Permit Issuance:** The central issue in the case pertains to the Corps' issuance of permits for surface mining operations in West Virginia, which OVEC argues have significant negative impacts on wetlands and water quality in the region. 2. **Environmental Impact:** OVEC contends that the mining activities associated with the permits will result in harm to the environment, specifically to aquatic ecosystems. They argue that the Corps failed to adequately assess the environmental impacts before issuing the permits. 3. **Compliance with CWA:** The plaintiffs claim that the Corps did not comply with the requirements set forth in the Clean Water Act, which mandates thorough consideration of environmental impacts when issuing permits affecting navigable waters. 4. **Public Interest and Transparency:** The case also raises questions about the transparency of the permitting process and the Corps' duty to consider public concerns regarding environmental degradation. **Arguments:** - **Plaintiff (OVEC):** The coalition argues that the Corps' permits violate environmental laws and regulations, resulting in detrimental impacts on local water bodies and ecosystems. They seek to have the permits revoked and to hold the Corps accountable for its decision-making processes. - **Defendant (U.S. Army Corps of Engineers):** The Corps defends its permitting process, asserting that it has complied with applicable laws and regulations, and has adequately assessed the environmental impacts of the proposed mining operations. **Legal Standards:** The case is analyzed under statutes including the Clean Water Act and relevant administrative procedures governing federal agency actions. The court will assess whether the Corps adhered to regulatory requirements and conducted a proper evaluation of potential environmental impacts. **Outcome:** As of the summary, the court's decision and any resulting implications for environmental law, mining operations, or federal regulatory processes are not detailed. The case is reflective of the ongoing tension between environmental advocacy and industrial activity, particularly in ecologically sensitive regions. **Implications:** This case highlights the critical balance between economic development through resource extraction and the necessity to protect environmental health. It serves as an important reminder of the legal avenues available for environmental groups to challenge potentially harmful regulatory decisions made by federal agencies. **Conclusion:** The legal proceedings in Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers underscore significant issues concerning environmental protection, regulatory compliance, and the role of advocacy groups in safeguarding natural resources against industrial impacts. --- Please ensure to check for the specific details, updates, and the latest rulings related to this case for the most accurate and current information.

Ohio Valley Environmental Coal v. US Army Corps of Eng


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