U.S. Court of Appeals for the Fourth Circuit News

Appeals court throws out permit for Atlantic Coast Pipeline

By Kyla Asbury | Dec 14, 2018

CHARLESTON — The U.S. Court of Appeals for the 4th Circuit vacated a permit that would go across the Appalachian Trail with the three-judge panel criticizing the permit being approved in the first place.

In proposed Monitronics $28 Million TCPA settlement, attorneys would pocket $9.3M and class members $38

By Karen Kidd | Apr 26, 2018

WHEELING. W. Va. (Legal Newsline) – Individual plaintiffs in multidistrict Telephone Consumer Protection Act litigation stand to pocket $38 each in a $28 million settlement proposed in federal court in March.

Can a government official block a constituent from a Facebook page?

By David Hutton | Jan 16, 2018

RICHMOND, Va. (Legal Newsline) – As a panel of judges on the U.S. Court of Appeals for the Fourth Circuit prepares to consider the appeal in a case pitting a Loudoun County, Va., official and a frequent critic, the ACLU is stepping in.

Federal appeals court says Greenbrier to pay out holes-in-one payments, not insurer

By Kyla Asbury | Dec 21, 2017

CHARLESTON – The U.S. State Court of Appeals for the Fourth Circuit issued an opinion on Dec. 20 stating that Gov. Jim Justice’s company is on the hook for two holes-in-one payments to spectators during the 2015 Greenbrier Classic golf tournament, because the policy requirements weren’t met.

Appeals court grants request for WVDEP to start over on disputed pipeline review

By Kyla Asbury | Oct 19, 2017

CHARLESTON – The U.S. Court of Appeals for the Fourth Circuit has granted a request by the West Virginia Department of Environmental Protection to throw out the DEP’s approval of the Mountain Valley Pipeline and let them start over.

Appeals court says Fayette drilling waste ban is invalid

By Kyla Asbury | Aug 31, 2017

RICHMOND, Va. – A federal appeals court upheld a decision made by a West Virginia federal judge earlier this year that a drilling waste ban in Fayette County was preempted by state law.

Fourth Circuit upholds Justice Energy’s $1.23M fine

By Chris Dickerson and Kyla Asbury | Jul 12, 2017

CHARLESTON – The U.S. Circuit of Appeals for the Fourth Circuit has upheld a $1.23 million contempt-of-court fine issued to Justice Energy in a lawsuit filed against the company by James River Equipment.

Blankenship's legal team files appeal petition with U.S. Supreme Court

By Chris Dickerson | May 26, 2017

WASHINGTON – Don Blankenship’s legal team formally has asked the U.S. Supreme Court to hear his appeal. Attorneys for the former Massey Energy CEO filed the petition May 25 asking the Justices to take up an appeal of his criminal mine safety conviction. They say the U.S. District Court in Charleston and the 4th Circuit Court of Appeals in Richmond, Va., both erred in rulings, and they claim Blankenship was a victim of politics.

Blankenship says he'll continue to fight for the truth, wants to debate Manchin

By Chris Dickerson | May 10, 2017

LAS VEGAS – Former Massey Energy CEO Don Blankenship has finished serving his sentence, but he says he still plans to fight to get the truth out about the 2010 Upper Big Branch explosion.

Panel denies Blankenship's appeal to have conviction overturned

By Chris Dickerson | Jan 19, 2017

RICHMOND, Va. -- Former Massey Energy CEO Don Blankenship must serve the rest of his one-year term in federal prison. A federal appeals panel on Jan. 19 issued a ruling upholding Blankenship’s conviction from U.S. District Court in 2015. Blankenship, who was sentenced to a year in prison on a misdemeanor conspiracy charge for the 2010 explosion at the Upper Big Branch mine that killed 29 miners, reported to Taft Federal Prison in California on May 12, 2016.

Appeals court upholds mountaintop removal ruling

By Kyla Asbury | Jan 5, 2017

CHARLESTON – The Fourth U.S. Circuit Court of Appeals has upheld a ruling made by a West Virginia federal judge that coal operators in the state have to comply with water quality standards that limit the amount of pollution allowed in streams.

Three-judge panel questions attorneys during oral arguments in Blankenship appeal

By Kyla Asbury | Oct 28, 2016

RICHMOND, Va. – A three-judge panel focused its attention on asking former Massey CEO Don Blankenship’s attorneys a multitude of questions during oral arguments for an appeal.

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