OHIO RIVER VALLEY ENVIRONMENTAL COALITION, INCORPORATED v. SALAZAR

No. 11-1049.

OHIO RIVER VALLEY ENVIRONMENTAL COALITION, INCORPORATED; WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED, Plaintiffs-Appellants, v. KENNETH SALAZAR, Secretary of the Interior, Defendant-Appellee, WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION; WEST VIRGINIA COAL ASSOCIATION, Intervenors/Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2012.


Attorney(s) appearing for the Case

ARGUED: Walton Davis Morris, Jr. , MORRIS LAW OFFICE, PC, Charlottesville, Virginia, for Appellants.

Maggie Baker Smith , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Sarah Janette Surber , WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Charleston, West Virginia; James Ronald Snyder , JACKSON KELLY, PLLC, Charleston, West Virginia, for Appellees.

ON BRIEF: Joseph M. Lovett , Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY & THE ENVIRONMENT, Lewisburg, West Virginia, for Appellants.

Ignacia S. Moreno , Assistant Attorney General, Kathryn E. Kovacs , Ruth Ann Storey , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C; Steven C. Barcley , UNITED STATES DEPARTMENT OF THE INTERIOR, Pittsburgh, Pennsylvania, for Federal Appellee.

Judith P. Thomas , WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Charleston, West Virginia, for Appellee West Virginia Department of Environmental Protection.

Affirmed by unpublished per curiam opinion.


Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

This appeal concerns West Virginia's statutory and regulatory program under the Surface Mining Reclamation and Control Act of 1977 ("SMCRA" or "the Act"), 30 U.S.C. §§ 1201-1328. Appellants Ohio River Valley Environmental Coalition, Inc. and West Virginia Highlands Conservancy, Inc. (collectively "OVEC") challenge Appellee Kenneth Salazar's approval, in his official...

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