April 25th, 2014
Certified Question- On May 23, 2013, the United States District Court for the Southern District of West Virginia certified the following question to this Court:
Do the circumstances in this case permit GM to avail itself of the safe harbor found in West Virginia Code ยง 17A-6A-12(4) or, instead, is it required to provide to King Coal the statutory notice commanded by section 17A-6A-12(2)?
The District Court did not answer the question in the certification order, but did deny GM's motion to dismiss pending the outcome of this Court's decision.
