WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

No. CIV. A. 2:00-1062.

161 F.Supp.2d 676 (2001)

THE WEST VIRGINIA HIGHLANDS CONSERVANCY, Plaintiff, v. Gale A. NORTON, Secretary of the Department of the Interior, and Glenda Owens, Acting Director of the Office of Surface Mining, Defendants, and West Virginia Coal Association, Intervenor-Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

August 31, 2001.


Attorney(s) appearing for the Case

Joseph M. Lovett, Charleston, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, Patrick C. McGinley, Suzanne M. Weise, Morgantown, WV, for Plaintiff.

Charles T. Miller, Michael L. Keller, United States Attorney's Office, Charleston, WV, Ruth Ann Storey, John Cruden, U.S. Department of Justice, Environment & Natural Resources Div., General Litigation Section, Washington, DC, for Defendants Secretary Norton and Director Owens.

Robert G. McLusky, James R. Snyder, Jackson & Kelly, Charleston, WV, for Intervenor-Defendant West Virginia Coal Association.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are 1) Plaintiff's motion for partial summary judgment and a permanent injunction on Counts One, Two, and/or Three and 2) Defendants Norton and Owens' (Federal Defendants') motion to dismiss. For reasons discussed below, the Federal Defendants' motion is DENIED, Plaintiff's motion for partial summary judgment on Counts

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