OHIO VALLEY ENVIRONMENTAL COALITION v. BULEN

No. Civ.A.3:03-2281.

410 F.Supp.2d 450 (2004)

OHIO VALLEY ENVIRONMENTAL COALITION, Coal River Mountain Watch, and Natural Resources Defense Council, Plaintiffs, v. William BULEN, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District, and Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers, Defendants.

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

July 8, 2004.


Attorney(s) appearing for the Case

John W. Barrett, Appalachian Center for the Economy and the Environment, Charleston, WV, for Plaintiffs Coal River Mountain Watch, Natural Resources Defense Council, and Ohio Valley Environmental Coalition.

Joseph M. Lovett, Appalachian Center for the Economy and the Environment, Charleston, WV, for Plaintiffs Coal River Mountain Watch, Natural Resources Defense Council, and Ohio Valley Environmental Coalition.

James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, for Plaintiffs Coal River Mountain Watch, Natural Resources Defense Council, and Ohio Valley Environmental Coalition.

Terry Clarke, United States Army Corps of Engineers, Huntington, WV, for Defendants Robert B. Flowers and William Bulen.

Russell W. Petit, United States Army Corps of Engineers, Washington, DC, For Defendants Robert B. Flowers and William Bulen.

Kasey Warner, United States Attorney's Office, Charleston, WV, for Defendants Robert B. Flowers and William Bulen.

Michael L. Keller, United States Attorney's Office, Charleston, WV, for Defendants Robert B. Flowers and William Bulen.

Cynthia J. Morris, United States Department if Justice, Washington, DC, for Defendants Robert B. Flowers and William Bulen.

Steven E. Rusak, United States Department if Justice, Washington, DC, for Defendants Robert B. Flowers and William Bulen.

Ruth Ann Storey, United States Department if Justice, Washington, DC, for Defendants Robert B. Flowers and William Bulen.

Thomas L. Sansonetti, United States Department if Justice, Washington, DC, for Defendants Robert B. Flowers and William Bulen.

Robert G. McLusky, Jackson Kelly, Charleston, WV, for Defendants Coal Operations and Associates, Inc., Kentucky Coal Association, National Mining Association, Ohio Coal Association, West Virginia Coal Association, and Green Valley Coal Association.

James R. Snyder, Jackson Kelly, Charleston, WV, for Defendants Coal Operations and Associates, Inc., Kentucky Coal Association, National Mining Association, Ohio Coal Association, West Virginia Coal Association, and Green Valley Coal Association.

Lindsey K. Zamonski, Jackson Kelly, Charleston, WV, for Defendants Coal Operations and Associates, Inc., Kentucky Coal Association, National Mining Association, Ohio Coal Association, West Virginia Coal Association, and Green Valley Coal Association.


MEMORANDUM OPINION AND INJUNCTIVE ORDER

GOODWIN, District Judge.

Pending before the court are the plaintiffs' Motion for a Preliminary Injunction and/or Summary Judgment on All of Their Claims [Docket 43], the Intervening Mining Associations' Motion to Dismiss [Docket 21] and Cross-Motion for Summary Judgment [Docket 91], and the United States' Motion for Judgment on the Pleadings [Docket 30] and Cross-Motion for Summary Judgment [Docket 95]. For the reasons...

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