OHIO RIVER VALLEY ENVIRONMENTAL COALITION, INCORPORATED; Hominy Creek Preservation Association, Incorporated; Citizens Coal Council, Plaintiffs-Appellees,
v.
Dirk KEMPTHORNE, Secretary of the Interior, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 18, 2006.
Decided December 12, 2006.
Attorney(s) appearing for the Case
ARGUED: Allen M. Brabender, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant. Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellees. ON BRIEF: Steven C. Barcley, United States Department of the Interior, Office of the Solicitor, Pittsburgh, Pennsylvania; Sue Ellen Wooldridge, Assistant Attorney General, Kathryn E. Kovacs, Ruth Ann Storey, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant. Charles M. Kincaid, Huntington, West Virginia, for Appellees.
Before WILLIAMS, Circuit Judge, HAMILTON, Senior Circuit Judge, and RICHARD L. VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Senior Judge HAMILTON and Judge VOORHEES joined.
OPINION
WILLIAMS, Circuit Judge.
The Secretary of the Interior1 appeals the district court's grant of summary judgment in favor of Ohio River Valley Environmental Coalition, Inc., Hominy Creek Preservation Association, Inc., and Citizens Coal Council (collectively...
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