Groups’ 3rd Suit Over Discharges Not Subject To Claim Preclusion, Judge Says

(April 23, 2018, 4:26 PM EDT) -- CHARLESTON, W.Va. — A federal judge in West Virginia on April 17 denied Fola Coal Co. LLC’s motion to dismiss a third lawsuit brought by environmental groups over discharges from two areas of its mine, finding that the allegations are not subject to the doctrines of collateral estoppel or res judicata (Ohio Valley Environmental Coalition, et al. v. Fola Coal Company LLC, No. 17-3013, S.D. W.Va., 2018 U.S. Dist. LEXIS 64188)....