Judge Remands West Virginia State University’s Groundwater Contamination Suit

Mealey's (June 2, 2020, 2:15 PM EDT) -- CHARLESTON, W.Va. — A federal judge in West Virginia on June 1 remanded a lawsuit brought by West Virginia State University (WVSU) against the current and past owners of a neighboring site that seeks to have the defendant companies conduct cleanup activities in addition to those already required by the Resource Conservation and Recovery Act (RCRA), holding that the university’s suit does not raise a federal question and that the defendants are not “acting under” the U.S. Environmental Protection Agency by doing work required by a permit issued under the statute (West Virginia State University Board of Governors v. Dow Chemical Co., et al., No. 17-cv-3558, S.D. W.Va., 2020 U.S. Dist. LEXIS 95621)....