Financial Services; Novadx Wins in Alabama Court of Appeals 363 words
30 December 2011
Ecology, Environment & Conservation via VerticalNews.com
2011 DEC 30 - (VerticalNews.com) -- (TSX VENTURE:NDX) is pleased to announce that its wholly-owned subsidiary MCoal Corporation ("MCoal") jointly with the Alabama Department of Environmental Management ("ADEM") have again successfully defended the action by the Black Warrior River Keepers, Inc. and Friends of the Locust Fork, Inc. (the "Appellants") challenge to ADEM's 2009 issuance of the National Pollutant Discharge Elimination System ("NPDES") Permit N0. AL0080080 (the "Permit") to MCoal for operation of its Rosa mine in Blount County, Alabama.
On December 2, 2011, the Alabama Court of Civil Appeals issued an order affirming, without opinion, the December 8, 2010 decision of the Alabama Circuit Court of Montgomery County in favour of MCoal and ADEM. As previously disclosed in the Company's news release of February 3, 2011, the Appellants had filed an appeal of the decision of the Montgomery Circuit Courts to the Alabama Court of Civil Appeals.
As previously disclosed in the Company's news releases dated July 2, 2010, October 7, 2010, and December 16, 2010, the Appellants have commenced actions to contest the issuance of the Permit on two prior occasions without success.
On November 20, 2009, the Appellants filed their initial petition for a hearing to contest ADEM's action with the Alabama Environmental Management Commission ("AEMC") alleging ADEM had not followed proper rules and procedures in issuance of the Permit. MCoal voluntarily joined ADEM in its defense of this action. On June 25, 2010, the AEMC, by unanimous decision of the Commissioners, adopted the recommendation of its Administrative Law Judge and ruled in favor of ADEM's actions, affirming the Permit was validly issued.
The Appellants subsequently filed an appeal of the decision of the AEMC to the Circuit Court for Montgomery County, Alabama. MCoal voluntarily joined ADEM in its defense of this action. On December 8, 2010, Circuit Court Judge Charles Price ruled in favor of ADEM, affirming the AEMC's June 25, 2010 decision that the Permit was validly issued