WHEELING, W.Va. (Legal Newsline) — An Ohio coal company is suing Army Corps of Engineers officials, alleging violation of federal law.
The Marshall County Coal Company filed a complaint June 19 in U.S. District Court for the Northern District of West Virginia against Army Corps of Engineers Brigadier Gen. Mark Toy, Col. John P. Lloyd, Scott A. Hans and Jon T. Coleman, alleging they illegally terminated the use of the Conner Run Impoundment.
According to the complaint, the Marshall County Coal Company sustained monetary damages to its business as the result of the termination of the use of the Conner Run Impoundment in Marshall County. The suit says this would result in the shutdown of the nearby MCCC mine, affecting all the plaintiff's workers.
The plaintiff alleges the defendants had Marshall County Coal apply for a permit for the movement of coal combustion waste.
Marshall County Coal seeks to enjoin the defendants, declare the appeal regulations violate the plaintiff's procedural due process, declare the June 8 letter and AJD exceeded the defendant's authority under the Clean Water Act, attorney fees and court costs, plus all other relief the court deems just. It is represented by attorneys Christopher B. Power and Robert M. Stonestreet of Babst Calland Clements and Zomnir, PC in Charleston, West Virginia.
U.S. District Court for the Northern District of West Virginia case number 5:17-cv-00091-FPS