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FirstEnergy Lawsuit: West Virginia Company Settles In Clean Water Act Case

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MORGANTOWN, W.Va. (AP) — FirstEnergy Corp. and environmentalists have agreed to settle a lawsuit over alleged arsenic pollution from a coal-ash dump at the Albright power plant in West Virginia's Preston County.

In a joint filing in U.S. District Court in Clarksburg, the parties asked Judge Irene Keeley to suspend further proceedings while they prepare a proposed consent order.

Keeley granted that motion Monday. Details of the settlement were not yet on file Tuesday.

The Sierra Club, the West Virginia Highlands Conservancy and the West Virginia Rivers Coalition sued FirstEnergy and its Mon Power subsidiary in May 2011.

The lawsuit claims the utility should be fined nearly $9.4 million for federal Clean Water Act violations that are harming three trout and recreational streams that flow into the Cheat River.

Mon Power has denied being out of compliance.

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