Dominion Violated CWA With Coal Ash Arsenic, Judge Says
A March 23 Law360 article featured the firm’s representation of Dominion in the first trial of a Clean Water Act case by Sierra Club involving coal ash. The article focused on the long-awaited opinion from the week-long bench trial held in June 2016, tried by the Troutman team of Brooks Smith, Dabney Carr, Miranda Yost, Doug Henderson, Justin Wong, Megan Rahman and Andrea Wortzel all supported by a great effort by the Richmond office and e-Merge. While the Court found a technical violation of the Clean Water Act for one Count, in its Opinion the Court found Dominion to be a “good corporate citizen” and refused to award any penalties or fines against Dominion, specifically rejected Sierra Club’s demand to force Dominion to excavate coal ash from the Dominion landfill, and required only limited sampling of sediment and surface water in the river adjacent to the landfill. The case has received coverage in numerous media outlets.