Ohio Valley Environmental Coalition, Inc. v. Maple Coal Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Bwrford does not apply as the issue was whether the West Virginia agency complied with CWA permit modification requirements
• plaintiffs environmental activism, combined with a pre-existing connection to the area, does not defeat standing
• “Second, [at step two,] a court must also determine whether the prior pending action was being ‘diligently prosecuted’ by the state at the time that the citizens’ suit was filed.”
• “First, a court must determine whether a prosecution by the state (or the EPA Administrator) to enforce the same ‘standard, order, or limitation’ was pending on the date that the citizens’ suit commenced.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).