OHIO VALLEY ENVIRONMENTAL COALITION, et al., Plaintiffs,
v.
Marianne Lamont HORINKO, Acting Administrator, United States Environmental Protection Agency, Defendant.
United States District Court, S.D. West Virginia, Huntington Division.https://leagle.com/images/logo.png
August 29, 2003.
August 29, 2003.
Attorney(s) appearing for the Case
James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, John W. Barrett, Joseph M. Lovett, Appalachian Center for the Economy and the Environment, Charleston and Lewisburg, WV, for Plaintiffs Ohio Valley Environmental Coalition, West Virginia Rivers Coalition, Inc., West Virginia Highlands Conservancy, Inc., Greenbrier River Watershed Association, Coal River Mountain Watch, West Virginia Citizen Action Group, Friends of the Cheat, Inc., Friends of the Cacapon, Inc., American Whitewater Affiliation, Blue Heron Environmental Network, Inc., Stanley Heirs Foundation, Inc., Concerned Citizens Coalition of Roane, Calhoun and Gilmer Counties, Wheeling Environmentalists, Friends of the Little Kanawha, Plateau Action Network, Inc., Winnie Fox, Elinore Taylor, Francis D. Slider, Denise Giardina, Julian Martin, Regina M. Hendrix, Kathryn A. Stone, Doyle Coakley, Abby Chapple, and Dick Latterell.
Kasey Warner, United States Attorney, Michael L. Keller, Assistant United States Attorney, United States Attorney's Office, Charleston, WV, Thomas L. Sansonetti, Mark A. Nitezynski, United States Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Denver, CO, for Defendant Marianne Lamont Horinko, Acting Administrator, United States Environmental Protection Agency.
Thomas H. Zerbe, Armando Benincasa, Perry D. McDaniel, West Virginia Department of Environmental Protection, Office of Legal Services, Charleston, WV, for Defendant-Intervenor West Virginia Department of Environmental Protection.
Robert R. Waters, Waters Law Office, Huntington, WV, F. Paul Calamita, McGuire Woods, Christopher D. Pomeroy, Aqualaw, Richmond, VA, for Defendant-Intervenor West Virginia Municipal Water Quality Association.
Alexandra Dapolito Dunn, General Counsel, Association of Metropolitan Sewerage Agencies, Washington, DC, for Defendant-Intervenor Association of Metropolitan Sewerage Agencies.
David L. Yaussy, Anne C. Blankenship, Elizabeth K. Appel, Robinson & McElwee, Robert P. Paulson, M. Ann Bradley, Joseph M. Dawley, Spilman, Thomas & Battle, Robert G. McLusky, Kathy G. Beckett, Jackson Kelly, Leonard B. Knee, Bowles Rice McDavid Graff & Love, Charleston, WV, for Defendant-Intervenors The Contractors Association of West Virginia, Independent Oil and Gas Association of West Virginia, West Virginia Chamber of Commerce, West Virginia Coal Association, West Virginia Farm Bureau, West Virginia Forestry Association, West Virginia Hospitality and Travel Association, West Virginia Manufacturers Association, and West Virginia Oil and Natural Gas Association.
Fredric P. Andes, Barnes & Thornburg, Chicago, IL, for Defendant-Intervenor Federal Water Quality Coalition.
United States District Court, S.D. West Virginia, Huntington Division.
MEMORANDUM OPINION & ORDER
GOODWIN, District Judge.
This case involves a challenge to the Environmental Protection Agency's (the EPA's) decision, pursuant to its authority under section 303(c) of the Clean Water Act, 33 U.S.C. § 1313(c), to approve the State of West Virginia's antidegradation implementation procedures, a set of procedures designed to prevent the degradation of the State's waters. For the reasons that follow, the court concludes...
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