Renewable Energy Update

Solar Facilities to Face NIMBY Issues in West Virginia

February 3, 2023

Solar developers in West Virginia must ensure that their proposed project location does not violate applicable zoning and land use laws.  West Virginia’s land use laws authorize land uses in zoning districts either as “permitted uses” or as “conditional uses.”   Where there is municipal or county-wide zoning, “permitted uses” need only comply with whatever zoning criteria have been adopted by an…

AFTER THE ELECTION: WHAT COAL NEEDS MOST

November 28, 2016

My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel.

In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those…

EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy

June 17, 2015

We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia.  There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. 

Recently, the District…