United States Fourth Circuit

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Blankenship v. Consolidation Coal Co., 15-2480

In a dispute arising out of a dewatering operation of defendant's mine into a mine partially owned by plaintiff, asserting state causes of action for trespass, negligence, nuisance, and related torts, alleging that, by filling the plaintiff's mine with water, defendant damaged the plaintiffs' property interests in the mine and unjustly enriched itself, the district court's grant of summary judgment to defendants on statute of limitations grounds is affirmed over plaintiff's claim that the discovery rule provided by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. sections 9601-9675, preempts Virginia’s statutes of limitations and, as a result, Virginia's statutes of limitations began to run when the plaintiffs knew or should have known of their alleged injury.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/09




  • United States Fourth Circuit


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