Wildearth Guardians, et al. v. Mountain Coal Company, et al., 2021 WL 1186669.
One of the issues addressed in the context of a Motion to Dismiss was whether the statute of limitations has expired in regards to an allegation that a facility had failed to obtain a Clean Air Act Title V permit.
Wildearth Guardians (collectively “Wildearth Guardians”) and other environmental organizations filed a Clean Air Act Action against Mountain Coal Company and Arch Resources (collectively “MCC”) alleging they were operating the West Elk Coal Mine (“Mine”) without a Clean Air Act Prevention of Significant Deterioration (“PSD”) construction permit and a Title V operating permit (“Title V Permit”).
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