CHARLESTON, W.Va. (AP) — The West Virginia Supreme Court has revived a Pennsylvania agency's lawsuit against a coal company accused of causing a massive fish kill.
The Pennsylvania Fish and Boat Commission claims discharges from Consol Energy Inc. mines in West Virginia killed about 43,000 fish and other aquatic life on a 30-mile stretch of Dunkard Creek spanning the two states. It estimated Pennsylvania's loss from the 2009 fish kill at $1 million.
A circuit court judge in Monongalia County, West Virginia, dismissed the lawsuit. He ruled that Pennsylvania lacked standing to sue in West Virginia.
The Supreme Court disagreed Thursday and sent the case back to Monongalia County for further proceedings.