In West Virginia Mining Waste Row, Nuisance Claims Partly Survive

Mealey's (October 5, 2022, 2:47 PM EDT) -- CHARLESTON, W.Va. — A claim for nuisance per se leveled by a county commission in connection with contamination of a watershed with coal mining waste (CMW) will proceed, a federal judge in West Virginia has ruled, rejecting the position advanced by a defendant that the claim is ultra vires....