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WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

No. CIV. A. 200-1062.

147 F.Supp.2d 474 (2001)

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

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

As Corrected May 30, 2001.

Attorney(s) appearing for the Case

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

Benjamin L. Bailey, Brian J. Glasser, Bailey & Glasser, Charleston, WV, for Defendant Michael O. Callaghan, Secretary West Virginia Division of Environmental Protection.

Steve Barclay, United States Department of Justice, Michael L. Keller, United States Attorney's Office, for Defendants Owens and Norton.

Robert G. McCluskey, James R. Snyder, Jackson & Kelly, Charleston, WV, for Defendant-Intervenor West Virginia Coal Ass'n.

MEMORANDUM OPINION AND PRELIMINARY INJUNCTION HEARING ORDER

HADEN, Chief Judge.

Pending is Plaintiff's motion for a preliminary injunction on Count 4 of the Complaint. For reasons discussed below, the Court DISMISSES this action against the Defendant Director (now Secretary) of the West Virginia Division of Environmental Protection (DEP) because it is barred by the Eleventh Amendment of the United States Constitution. Consequently, the...

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