OHIO VALLEY ENVIRONMENTAL COALITION; Coal River Mountain Watch; West Virginia Highlands Conservancy, Plaintiffs-Appellees, and
Coal Mac, Incorporated, Movant,
v.
ARACOMA COAL COMPANY; Elk Run Coal Company; Alex Energy, Incorporated; Independence Coal Company, Incorporated, Intervenors/Defendants-Appellants, and
Mingo Logan Coal Company, Intervenor/Defendant, and
United States Army Corps of Engineers; Lieutenant General Robert L. Van Antwerp, Commander and Chief of Engineers, U.S. Army Corps of Engineers; Colonel Dana R. Hurst, District Engineer, United States Army Corps Of Engineers, Huntington District; West Virginia Coal Association, Defendants.
National Mining Association; Kentucky Coal Association; Coal Operators and Associates, Inc.; Illinois Coal Association; Colorado Mining Association; Alaska Miners Association; Virginia Coal Association; Idaho Mining Association; Alabama Coal Association; Pennsylvania Coal Association; Ohio Coal Association; Indiana Coal Council, Inc.; Utility Water Act Group; West Virginia Department of Commerce; West Virginia Department of Environmental Protection, Amici Supporting Appellants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
May 29, 2009.
May 29, 2009.
Attorney(s) appearing for the Case
Joseph Mark Lovett, Lewisburg, WV, Jennifer C. Chavez, Stephen E. Roady, Earthjustice, James Millard Hecker, Public Justice, Washington, DC, for Plaintiffs-Appellees.
James Ronald Snyder, Robert Gale McLusky, Jackson & Kelly, PLLC, Charleston, WV, Michael Randolph Shebelskie, William Howell Wright, Jr., Hunton & Williams, Richmond, VA, for Aracoma Coal Company, Elk Run Coal Company, Alex Energy, Incorporated, Independence Coal Company, Incorporated.
Christopher T. Handman, Hogan & Hartson, LLP, Washington, DC, for Alabama Coal Association, Alaska Miners Association, Coal Operators and Associates, Incorporated, Colorado Mining Association, Idaho Mining Association, Illinois Coal Association, Indiana Coal Council, Kentucky Coal Association, National Mining Association, Ohio Coal Association, Pennsylvania Coal Association, Virginia Coal Association,
Kristy A.N. Bulleit, Hunton & Williams, Washington, DC, James Nelson Christman, Brooks Meredith Smith, Hunton & Williams, Richmond, VA, for Utility Water Act Group.
Kelley M. Goes, Office of the Attorney General of West Virginia, Charleston, WV, for West Virginia Department of Commerce.
Thomas Lee Clarke, West Virginia Department of Environmental Protection Office of Legal Services, Charleston, WV, for West Virginia Department of Environmental Protection.
United States Court of Appeals, Fourth Circuit.
ORDER
Appellees have filed a petition for rehearing and rehearing en banc.
A member of the Court requested a poll on the petition for rehearing en banc. Judges Wilkinson, Michael, and Motz voted to grant rehearing en banc. Judges Niemeyer, Gregory, Shedd, and Duncan voted to deny rehearing en banc. Chief Judge Williams, Judge Traxler, Judge King, and Judge Agee did not participate in the vote.
The petition for rehearing is denied, and, because the...
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