law360/cases/50e5c0a2227d200d66004308 Judge Recommends Keeping Pa. Coal Mine Suit Alive By Dan Packel A Pennsylvania magistrate judge on Monday said an environmental group’s suit against Alpha Natural Resources Inc. over alleged pollution from a southwestern Pennsylvania coal mine should not be dismissed, expressing skepticism over Alpha’s claims that the group lacks standing. U.S. Magistrate Judge Lisa Pupo Lenihan recommended that a federal judge deny Alpha’s motion for dismissal and also recommended that the Citizens Coal Council be allowed to amend its complaint with documentation already introduced into the pleadings that bolsters its allegations. “The complaint, together with plaintiff’s subsequent additional factual averments and documentation, plausibly allege that (a) citizens’ members have an injury-in-fact that is directly related to defendants’ unlawful discharges, which injury can be addressed by a favorable litigation decision, and (b) the interests litigated are germane to the organization’s purposes as a grassroots environmental organization working to preserve and protect natural resources, specifically including those allegedly impacted by Defendants’ illegal conduct and violation of Federal environmental regulations/related permits,” the judge said in the opinion. The council alleged in its January complaint that the company has engaged in chronic violations of its wastewater discharge permit and is responsible for polluting a number of waterways surrounding the mine. Alpha’s subsidiary Emerald Coal Resources LP owns and operates a long-wall bituminous coal mine, known as Emerald Mine No. 1, just south of Waynesburg, Pa., where the company stores and processes coal on site before the material is loaded onto trains and trucks for shipment. According to Judge Lenihan’s opinion, Alpha sought to dismiss the complaint in part on the grounds that the company, as parent corporation of Emerald, was not a holder of the permit. But the judge found that the record showed plausible support for the council’s argument that Alpha, its subsidiary Foundation Coal Corp., and Foundation’s subsidiary Emerald have integrated Pennsylvania operations, which would mean that the parent company be held accountable for environmental violations. And the judge also expressed skepticism over Alpha’s claims that the group lacked standing to sue, noting that the complaint and supplemental filings have shown plausible allegations that individual members of the group have been injured by the discharges. “We’re pleased that the court thus far has agreed with our interpretation of the applicable law, with regard to the standing issues, and the potential exposure of defendants to liability in the manner,” Michael Fiorentino, who represents Citizens Coal Council, told Law360 on Monday. As a result of the judge’s report and recommendations, both parties have the opportunity to file objections, before U.S. District Judge Joy Flowers Conti determines whether to approve the recommendations and grant the council the opportunity to amend its complaint. A suit against Alpha over the same discharges filed by environmental group Center for Coalfield Justice several days before that of the Citizens Coal Council suit was voluntarily dismissed by the plaintiffs in January. Counsel for Alpha did not immediately respond Monday to a request for comment. The council is represented by Michael Fiorentino. Alpha is represented by Michael Leahy and Blair Gardner of Jackson Kelly PLLC. The case is Citizens Coal Council v. Emerald Coal Resources LP et al., case number 2:13-cv-00003, in the U.S. District Court for the Western District of Pennsylvania. --Editing by Richard McVay.
Posted on: Mon, 17 Jun 2013 17:40:13 +0000
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