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SAVE OUR CUMBERLAND MOUNTAINS v. NORTON

No. 3:03-CV-462.

297 F.Supp.2d 1042 (2003)

SAVE OUR CUMBERLAND MOUNTAINS, et al., Plaintiffs, v. Gale A. NORTON, et al., Defendants.

United States District Court, E.D. Tennessee, at Knoxville.

October 31, 2003.

Attorney(s) appearing for the Case

Dean H. Rivkin, Knoxville, TN, Joe W. McCaleb, Hendersonville, TN, Mary Mastin, Cookeville, TN, Scott Gollwitzer, Asheville, NC, Amanda Moore, Prestonsburg KY, Martin J. Bergoffen, Asheville, NC, for plaintiffs.

Pamela G. Steele, U.S. Department of Justice, Office of U.S. Attorney, Charles P. Gault, U.S. Department of the Interior, Office of Field Solicitor, Knoxville, TN, for defendants.

John W. Hays, Laura Keller, Stites & Harbison, Lexington, KY, Garry K. Grooms, Stites & Harbison, PLLC, Nashville, TN, for intervenor defendant.

MEMORANDUM OPINION

VARLAN, District Judge.

Plaintiffs in this action are four nonprofit organizations who are seeking relief under the National Environmental Policy Act (hereinafter "NEPA") from the decision of the United States Department of the Interior Office of Surface Mining, Reclamation and Enforcement (hereinafter "OSM") to issue a permit to Robert Clear Coal Corporation (hereinafter "RCCC") to conduct mining operations in Campbell and Scott...

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