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OHIO VALLEY ENVIRONMENTAL COALITION v. ARMY CORPS

Civil Action No. 3:11-0149.

883 F.Supp.2d 627 (2012)

OHIO VALLEY ENVIRONMENTAL COALITION, INC., et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

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

August 10, 2012.

Attorney(s) appearing for the Case

Isak Jordan Howell , Isak Howell , Attorney at Law, Derek O. Teaney , Joseph Mark Lovett , Lewisburg, WV, James M. Hecker , Trial Lawyers for Public Justice, Washington, DC, for Plaintiffs.

Cynthia J. Morris , Ruth Ann Storey , Kenneth C. Amaditz , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Plaintiffs1 challenge the decision by the United States Army Corps of Engineers (hereinafter "Army Corps" or simply "the Corps") to issue an individual Clean Water Act ("CWA") § 404 permit to Highland Mining Company ("Highland") to discharge fill material into streams for the purpose of conducting surface coal mining activities at the Reylas Surface Mine located...

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