OHIO VALLEY ENVIRONMENTAL COALITION; Coal River Mountain Watch; Natural Resources Defense Council, Plaintiffs-Appellees,
v.
William BULEN, District Engineer, U.S. Army Corps of Engineers, Huntington District; Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers, Defendants-Appellants, and
West Virginia Coal Association; Kentucky Coal Association; Ohio Coal Association; Coal Operations and Associates, Incorporated; National Mining Association; Green Valley Coal Company, Intervenors-Defendants,
Consol of Kentucky, Incorporated, Party in Interest.
Ohio Valley Environmental Coalition; Coal River Mountain Watch; Natural Resources Defense Council, Plaintiffs-Appellees,
v.
West Virginia Coal Association; Kentucky Coal Association; Ohio Coal Association; Coal Operations and Associates, Incorporated; National Mining Association, Intervenors-Defendants-Appellants, and
William Bulen, District Engineer, U.S. Army Corps of Engineers, Huntington District; Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers, Defendants,
Green Valley Coal Company, Intervenor-Defendant,
Consol of Kentucky, Incorporated, Party in Interest.
Ohio Valley Environmental Coalition; Coal River Mountain Watch; Natural Resources Defense Council, Plaintiffs-Appellees,
v.
Green Valley Coal Company, Intervenor-Defendant-Appellant, and
William Bulen, District Engineer, U.S. Army Corps of Engineers, Huntington District; Robert B. Flowers, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers, Defendants,
Consol of Kentucky, Incorporated, Party in Interest,
West Virginia Coal Association; Kentucky Coal Association; Ohio Coal Association; Coal Operations and Associates, Incorporated; National Mining Association, Intervenors-Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 19, 2005.
Decided: November 23, 2005.
Attorney(s) appearing for the Case
ARGUED: Elizabeth Ann Kessler, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Michael Randolph Shebelskie, Hunton & Williams, Richmond, Virginia, for Appellants. James Millard Hecker, Trial Lawyers for Public Justice, Washington, D.C., for Appellees. ON BRIEF: Earl H. Stockdale, Chief, Lance D. Wood, Russell W. Petit, U.S. Army Corps of Engineers, Washington, D.C.; Ann R. Klee, General, United States Environmental Protection Agency, Washington, D.C.; Sue Ellen Wooldridge, Solicitor, United States Department of the Interior, Washington, D.C.; Thomas L. Sansonetti, Assistant Attorney General, Jeffrey Bossert Clark, Deputy Assistant Attorney General, Mary B. Neumayr, Timothy Racicot, John A. Bryson, Steve Rusak, John T. Stahr, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellants William Bulen, 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. Robert G. McLusky, Blair M. Gardner, Lindsey K. Griffith, Jackson Kelly, P.L.L.C., Charleston, West Virginia; William H. Wright, Jr., Hunton & Williams, L.L.P., Richmond, Virginia; Harold P. Quinn, Jr., National Mining Association, Washington, D.C., for Appellants West Virginia Coal Association, Kentucky Coal Association, Ohio Coal Association, Coal Operations and Associates, Incorporated, National Mining Association, Green Valley Coal Company. Joseph M. Lovett, Appalachian Center for the Economy and the Environment, Lewisburg, West Virginia, for Appellees.
Before NIEMEYER and LUTTIG, Circuit Judges, and ROBERT J. CONRAD, Jr., United States District Judge for the Western District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed in part, vacated in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge NIEMEYER and Judge CONARD joined.
OPINION
LUTTIG, Circuit Judge:
This case presents the question whether the United States Army Corps of Engineers ("the Corps") exceeded its authority under the Clean Water Act ("CWA") when it promulgated Nationwide Permit 21 ("NWP 21"), a general permit for the discharge of dredged or fill material...
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