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WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

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

190 F.Supp.2d 859 (2002)

The WEST VIRGINIA HIGHLANDS CONSERVANCY, Plaintiff, v. Gale A. NORTON, Secretary of the Department of the Interior, and Jeffrey D. Jarrett, 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.

March 18, 2002.

Attorney(s) appearing for the Case

John W. Barrett, Appalachian Center for the Economy and the Environment, Charleston Office, Charleston, WV, Joseph M. Lovett, Appalachian Center for the Economy and the Environment, Lewisburg, WV, Patrick C. McGinley, Morgantown, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, Suzanne M. Weise, Morgantown, WV, for plaintiffs.

Kasey Warner, United States Attorney, 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.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiff's motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association's (WVCA's) motion to dismiss

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