W.Va. Federal Judge Grants Summary Judgment To Head Of State Environmental Agency

Mealey's (March 3, 2023, 1:33 PM EST) -- HUNGTINGTON, W.Va. — The cabinet secretary of the West Virginia Department of Environmental Protection (WVDEP) is entitled to summary judgment on Resource Conservation and Recovery Act (RCRA) claims originating from a property where coal mining occurred because the WVDEP did not engage in open dumping and the harm at issue poses no imminent or substantial danger to human health or the environment, a West Virginia federal judge found in granting the secretary’s motion for summary judgment....