KENTUCKIANS FOR COMMONWEALTH, INC. v. RIVENBURGH

No. CIV.A.2:01-0770.

269 F.Supp.2d 710 (2003)

KENTUCKIANS FOR THE COMMONWEALTH, INC., Plaintiff, v. Colonel John RIVENBURGH, et al., Defendants, POCAHONTAS DEVELOPMENT CORP., et al., Intervenor Defendants.

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

July 1, 2003.


Attorney(s) appearing for the Case

Joseph M. Lovett, Esq., John W. Barrett, Esq., Lewisburg, Joe F. Childers, Esq., Lexington, KY, James M. Hecker, Esq., Trial Lawyers for Public Justice, Washington, DC, for Plaintiff.

Michael L. Keller, Esq., Kasey Warner, Esq., United States Attorney, United States Attorney's Office, Charleston, Ruth Ann Storey, Esq., U.S. Department of Justice, Environment & Natural Resources Div., General Litigation Section, Washington, DC, Terry Clarke, Esq., Kristin E. Budzynski, Esq., U.S. Army Corps of Engineers, Office of Counsel, Huntington, Steven E Rusak, Esq., John C. Cruden, Esq., Jon M. Lipshultz, Esq., Thomas L. Sansonetti, Esq., U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Russell W. Petit, Esq., U.S. Army Corps of Engineers, Office of Chief Counsel, Washington, DC, Mark A. Nitczynski, U.S. Department of Justice/ENRD, Environmental Defense Section, Denver, CO, for Corps Defendants.

W. Henry Lawrence, IV, Esq., Robert D. Pollitt, Esq., Ancil G. Ramey, Esq., Richard L. Lewis, Esq., Steptoe & Johnson, Charleston, for Defendant-Intervenor Pocahontas Development Company.

Richard J. Bolen, Esq., Huddleston, Bolen, Beatty, Porter & Copen, Huntington, Timothy J. Hagerty, Esq., Amy D. Cubbage, Esq., Frost, Brown, Todd LLC, Louisville, KY, for Defendant-Intervenor Horizon NR, LLC.

Robert G. McLusky, Esq., James R. Snyder, Esq., Lindsey K. Griffith, Esq., John C. Wilkinson, Esq., Jackson & Kelly, Charleston, for Defendant-Intervenor Kentucky Coal Association.


MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending is Plaintiffs motion to file a supplemental Complaint setting forth events that have occurred since the filing of the original Complaint and adding a new claim for relief based on those events. For reasons that follow, the motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

The original Complaint by Kentuckians...

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