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OVEC v. U.S. ARMY CORPS OF ENG'RS

Civil Action No. 3:05-0784.

528 F.Supp.2d 625 (2007)

OHIO VALLEY ENVIRONMENTAL COALITION, et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants. v. Jupiter Holdings, LLC, et. al., Intervenor-Defendants.

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

October 11, 2007.

Attorney(s) appearing for the Case

Elena K. Saxonhouse, Jennifer C. Chavez, Stephen E. Roady, Earthjustice, James M. Hecker, Public Justice, Washington, DC, Joseph Mark Lovett, Lewisburg, WV, for Plaintiffs.

Ann D. Navaro, U.S. Army Corps of Engineers, Cincinnati, OH, Cynthia J. Morris, Ruth Ann Storey, U.S. Department of Justice, Washington, DC, Stephen M. Horn, U.S. Attorney's Office, James C. Lesnett, Jr., Kelly Beth Griffith, Spilman Thomas & Battle, Charleston, WV, Steven E. Rusak, U.S. Department of Justice, Denver, CO, for Defendants.

Blair M. Gardner, James R. Snyder, Jeffrey R. Vining, Lindsey K. Griffith, Robert G. McLusky, Jackson Kelly, Charleston, WV, for Intervenor-Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court is Plaintiffs' Motion For a Temporary Restraining Order and a preliminary Injunction Against the Callisto Surface Mine (Doc. 358). A hearing on this motion was held by the Court on September 26, 2007. Additionally, parties have submitted memoranda explaining their positions. Having considered all of this, and for the reasons explained below, the Court GRANTS the plaintiffs...

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