EPA v. APEX ENERGY, INC./CAMBRIAN COAL CORP./AND MARSHALL RESOURCES, INC.

Case summary

THIS CASE INVOLVES THE ILLEGAL DISCHARGE OF FILL MATERIAL FROM MOUNTAIN TOP MINING ACTIVITIES INTO 3,000 LINEAR FEET OF HEADWATER STREAMS WITHOUT A CWA 404 PERMIT. APEX ENERGY, INC., A KY CORPORATION, IS THE ONLY DEFENDANT IN THIS ACTION. EPA IS SEEKING BOTH A PENALTY AND INJUNCTIVE RELIEF IN THE FORM OF ON-SITE RESTORATION AND OFF-SITE MITIGATION. THE DEFENDANT WILL ALSO BE REQUIRED TO SECURE AN AFTER-THE-FACT PERMIT FROM THE ARMY CORPS OF ENGINEERS.

Defendants (3)

• APEX ENERGY, INC.Named in complaintNamed in settlement
• MARSHALL RESOURCES, INC.Named in complaintNamed in settlement
• CAMBRIAN COAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• APEX ENERGY, INC. (MINING ACTIVITIES)

  37 DEGREES, 26.10' N LAT; 82 DEGREES 9.55' W LONG, JAMBOREE, KY, 41553

  Registry ID: 110038389017

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• APEX ENERGY, INC./CAMBRIAN COAL CORP./AND MARSHALL RESOURCES, INC.entered 2009-02-02

  Primary law: CWA

  Federal penalty: $170,000

Timeline (7 milestones)

• 2005-09-22Referred To Dept Of Justice
• 2005-09-26Enforcement Action Data Entered
• 2008-11-13Final Order Lodged
• 2008-11-13Complaint Filed With Court
• 2009-02-02Enforcement Action Closed
• 2009-02-02Concluded
• 2009-02-02Final Order Entered