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OHIO VAL. ENVIR. COAL. v. U.S. ARMY CORPS OF ENG.

Civil Action No. 3:05-0784.

479 F.Supp.2d 607 (2007)

OHIO VALLEY ENVIRONMENTAL COALITION, et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

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

March 23, 2007.

Attorney(s) appearing for the Case

Elena K. Saxonhouse, Jennifer C. Chavez, Stephen E. Roady, Earthjustice, Washington, DC, Joseph Mark Lovett, Lewisburg, WV, for Plaintiffs,

Ann D. Navaro, U.S. Army Corps of Engineers, Cincinnati, OH, Cynthia J. Morris, U.S. Department of Justice, Ruth Ann Storey, U.S. Department of Justice, Environment & Natural Resources Div., General Litigation Section, Steven E. Rusak, U.S. Department of Justice, Environmental Defense Section, Washington, DC, Stephen M. Horn, U.S. Attorney's Office, Allyn G. Turner, James S. Crockett, Jr., Kelly Beth Griffith, Spilman Thomas & Battle, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Plaintiffs brought this action seeking declaratory relief that the U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining. Plaintiffs request injunctive relief to prevent the conduct authorized under these permits and seek judicial review of the agency's decisions...

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