Memorandum Opinion and Order
On December 3-4, 2013, the Court held a trial in this case regarding jurisdiction and liability,1 and the parties timely conducted post-trial briefing. As explained below, the Court FINDS that Plaintiffs have established statutory jurisdiction under both the Clean Water Act and the Surface Mining Control and Reclamation Act. The Court further FINDS that Plaintiffs have established, by a preponderance of the evidence, that each Defendant has committed at least one violation of its permits by discharging into Laurel Creek or Robinson Fork high levels of ionic pollution, which have caused or materially contributed to a significant adverse impact to the chemical and biological components of the applicable stream‘s aquatic ecosystem, in violation of the narrative water quality standards that are incorporated into those permits.
