Attorney(s) appearing for the Case
Paul D. Clement , Washington, DC, argued the cause for the appellant. Jeffrey M. Harris , Nathan A. Sales , Robert M. Rolfe , George P. Sibley III , Richmond, VA, Virginia S. Albrecht and Deidre G. Duncan , Washington, DC, were with him on brief.
Matthew Littleton , Attorney, United States Department of Justice, argued the cause for the appellee. John C. Cruden , Assistant Attorney General, Aaron P. Avila , Mark R. Haag , Cynthia J. Morris , Kenneth C. Amaditz , Attorneys, Stefania D. Shamet , Counsel, United States Environmental Protection Agency, and Ann D. Navaro , Assistant Chief Counsel for Litigation, were with him on brief.
Emma C. Cheuse , Jennifer C. Chavez , and Benjamin A. Luckett were on brief for the amici curiae West Virginia Highlands Conservancy, et al. in support of the appellee.
Dissenting opinion filed by Circuit Judge KAVANAUGH.
KAREN LECRAFT HENDERSON, Circuit Judge:
In 2007, the United States Army Corps of Engineers (Corps) issued Mingo Logan Coal Co. (Mingo Logan) a permit to excavate the tops of several West Virginia mountains, extract exposed coal and dispose of the excess soil and rock in three surrounding valleys containing streams. Four years later, after additional...
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