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OHIO VALLEY ENVIRONMENTAL COALITION v. BULEN

Nos. 04-2129(L), CA-03-2281-3.

437 F.3d 421 (2006)

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.

United States Court of Appeals, Fourth Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

James Millard Hecker, Trial Lawyers for Public Justice, Washington, DC, Joseph Mark Lovett, Appalachian Center for the Economy & the Environment, Lewisburg, WV, for Plaintiffs—Appellees.

John Thompson Stahr, John Alan Bryson, Elizabeth Ann Kessler, U.S. Department of Justice Environment & Natural Resources Division, Steven E. Rusak, Kasey Warner, United States Attorney, Office of the U.S. Attorney, Robert C. Byrd, United States Courthouse, Russell W. Petit, Jeffrey Bossert Clark, Washington, DC, for Defendants—Appellants.

ORDER

PER CURIAM.

Before the Court is the appellants' petition for rehearing en banc.

An active judge having called for a poll of the Court on the appellants' petition for rehearing en banc, such poll has been conducted and has failed to garner majority support of the active judges. Judges Michael, Motz, and King voted in favor of rehearing en banc, whereas Judges Widener, Niemeyer, Luttig, Shedd, and Duncan voted against rehearing en banc. Chief...

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