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U.S. v. MOUNTAIN STATE CARBON, LLC

Civil Action No. 5:12-CV-19.

UNITED STATES OF AMERICA, Plaintiff, v. MOUNTAIN STATE CARBON, LLC, Defendant.

United States District Court, N.D. West Virginia, Wheeling.

July 17, 2014.

Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Betsy Steinfeld Jividen , U.S. Attorney's Office, Cara Mroczek , US Dept of Justice - Environmental Enforcement Section, John Sither , US Dept of Justice - Environmental Enforcement Section, Joyce Howell , US Env. Protection Agency & Michael J. Zoeller , U.S. Department of Justice.

Mountain State Carbon, LLC, Defendant, represented by David Wilks Corban , Fulbright & Jaworski LLP, Glen R. Stuart , Morgan, Lewis & Bockius, James F. Companion , Schrader, Byrd & Companion, PLLC, Janet McQuaid , Fulbright & Jaworski, LLC, John K. Gisleson , Morgan, Lewis & Bockius LLP, John Porco , Schrader, Byrd & Companion, PLLC, Kenneth S. Komoroski , Morgan, Lewis & Bockius LLP, Steven E. Gibbs , Morgan, Lewis & Bockius LLP & Yolonda G. Lambert , Schrader, Byrd & Companion, PLLC.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM ORDER

JOHN PRESTON BAILEY, District Judge.

This is an action by the Environmental Protection Agency ("EPA") against Mountain State Carbon, LLC ("MSC") pursuant to Section 113(b) of the Clean Air Act, 42 U.S.C. § 7413(b) and Sections 3008(a) and 9006 of the Solid Waste Act, also known as the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6928(a) and 6991e...

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