On Nov. 9, the U.S. 4th Circuit Court of Appeals decided West Virginia Highlands Conservancy Inc. v. Huffman (“WVHC”), a case that, at first blush, appears to be a relatively straightforward decision under the federal Clean Water Act. It also appears to be a routine implementation of West Virginia regulations to the effect that a discharge of acid mine drainage, even from a reclamation project operated by the West Virginia Department of Environmental Protection, requires a wastewater discharge permit under the National Pollutant Discharge Elimination System, or NPDES.
But on reflection, the case raises important issues of advocacy and policy.
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