RICHMOND, Va. (AP) — A federal appeals court has upheld a judge’s ruling that a company illegally discharged a pollutant into a Wise County creek.

A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously rejected A&G Coal Corp.’s claim that it was not required to report it was discharging selenium when the company applied for a permit for its Kelly Branch mine. Studies have found selenium harmful to aquatic life, and to humans with high-level exposure.