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OHIO VALLEY ENVIRONMENTAL COALITION v. APOGEE COAL

Civil Action No. 3:07-0413.

555 F.Supp.2d 640 (2008)

OHIO VALLEY ENVIRONMENTAL COALITION, INC., and West Virginia Highlands Conservancy, Inc., Plaintiffs, v. APOGEE COAL COMPANY, LLC, and Hobet Mining, LLC, Defendants.

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

May 27, 2008.

Attorney(s) appearing for the Case

Derek O. Teaney, Joseph Mark Lovett, Lewisburg, WV, for Plaintiffs.

Blair M. Gardner, L. Jill McIntyre, Robert G. McLusky, Whitney G. Clegg, Jackson Kelly, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court are the parties' cross-motions for summary judgment (Docs. 56 and 59). For the reasons explained below, Plaintiffs' cross-motion is GRANTED in part and DENIED in part. Defendants' cross-motion is also GRANTED in part and DENIED in part. Also pending is Plaintiffs' Motion for Leave to File Supplemental Exhibit to Their Cross Motion for Partial...

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