Commonwealth of Pa. v. Consol Energy, Inc.

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The Commonwealth of Pennsylvania, Pennsylvania Fish and Boat Commission (PFBC) filed a complaint against Consol Energy, Inc. and Consolidation Coal Company (collectively, Consol) alleging West Virginia common law tort claims and seeking damages for massive losses of fish and aquatic life allegedly caused by Consol’s discharges of waste water into a stream that flows between West Virginia and Pennsylvania. The circuit court dismissed the complaint, concluding that PFBC was only authorized to bring civil suits for damages as a result of violations of Pennsylvania law, and PFBC had no authority to bring a cause of action under West Virginia common law. The Supreme Court reversed, holding that PFBC had sufficient interest in the fish and aquatic life under its control to give it standing to file suit in West Virginia and bring West Virginia common law tort claims against Consol to seek recovery of damages as a result of the fish kill. View "Commonwealth of Pa. v. Consol Energy, Inc." on Justia Law