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SIERRA CLUB v. KEMPTHORNE

Civil Action No. 2:08cv00036.

589 F.Supp.2d 720 (2008)

SIERRA CLUB and Southern Appalachian Mountain Stewards, Inc., Plaintiffs, v. Dirk KEMPTHORNE, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

December 12, 2008.

Attorney(s) appearing for the Case

Walton Davis Morris, Jr., Morris Law Office PC, Charlottesville, VA, for Plaintiffs.

Charles P. Gault, Courtney Shea, United States Department of the Interior Office of the Solicitor, Knoxville, TN, Sara Bugbee Winn, United States Attorneys Office, Roanoke, VA, for Defendants.

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

At the outset, I must note that this case arises under certain factual circumstances that are egregious in nature, in that 12 large rocks, described as the size of watermelons, rolled onto the property of Gary D. Bowman, as a result of the logging activities being performed nearby. Bowman was understandably concerned, not only for the potential environmental ramifications caused by the activities...

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