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OHIO VALLEY ENV'L v. U.S. ARMY OF CORPS OF ENG'RS

No. 14-2129.

828 F.3d 316 (2016)

OHIO VALLEY ENVIRONMENTAL COALITION, INC.; West Virginia Highlands Conservancy, Inc.; Sierra Club; Coal River Mountain Watch Inc., Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS; Thomas P. Bostick, Commander and Chief of Engineers, U.S. Army Corps of Engineers; Steven McGugan, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District, Defendants-Appellees, Raven Crest Contracting, LLC, Intervenor/Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 8, 2016.

Attorney(s) appearing for the Case

ARGUED: Peter M. Morgan , Sierra Club, Denver, Colorado, for Appellants. Robert Harris Oakley , United States Department of Justice, Washington, D.C.; Douglas J. Crouse , Jackson Kelly, PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Joseph M. Lovett , J. Michael Becher , Appalachian Mountain Advocates, Lewisburg, West Virginia, for Appellants. John C. Cruden , Assistant Attorney General, Aaron Avila , Ruth Ann Storey , Austin Saylor , Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Federal Appellees. Robert G. McLusky , Jackson Kelly, PLLC, Charleston, West Virginia, for Appellee Raven Crest Contracting, LLC.

Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Wynn and Judge Harris joined.

Raven Crest Contracting, LLC ("Raven Crest") operates a surface coal mine near Racine, West Virginia, known as the Boone North No. 5 Surface Mine ("the Boone North mine"). This action challenges the adequacy of the environmental review conducted by the Army Corps of Engineers ("the Corps") before the Corps issued a permit...

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