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OHIO RIVER VALLEY ENVIRON. v. GREEN VALLEY COAL, CO.

No. 06-1475.

511 F.3d 407 (2007)

OHIO RIVER VALLEY ENVIRONMENTAL COALITION, INCORPORATED; Hominy Creek Preservation Association, Incorporated; Citizens Coal Council, Plaintiffs-Appellees, v. GREEN VALLEY COAL COMPANY, Defendant-Appellant, and Michael C. Castle; Michael O. Callaghan, Director of the West Virginia Division of Environmental Protection; Stephanie R. Timmermeyer, Acting Secretary of the West Virginia Department of Environmental Protection; Gale A. Norton, Secretary of the Interior, Defendants, Mingo Logan Coal Company; Coal Mac, Incorporated, Intervenors/Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert Gale McLusky, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant. Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellees. ON BRIEF: Erin E. Magee, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant.

Before MICHAEL and MOTZ, Circuit Judges, and JOSEPH F. ANDERSON, JR., United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ and Judge ANDERSON joined.

OPINION

MICHAEL, Circuit Judge:

Green Valley Coal Company (Green Valley) appeals the award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act (SMCRA or the Act), 30 U.S.C. § 1201 et seq. Initially, three environmental organizations, Ohio River...

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