VIRGINIA URANIUM, INC. v. WARREN

No. 16-1005.

848 F.3d 590 (2017)

VIRGINIA URANIUM, INC.; Coles Hill, LLC; Bowen Minerals, LLC; Virginia Energy Resources, Inc., Plaintiffs-Appellants, v. John WARREN, in his official capacity as Director of the Virginia Department of Mines, Minerals and Energy; Bradley C. Lambert, in his official capacity as Deputy Director of the Virginia Department of Mines, Minerals and Energy; James P. Skorupa, in his official capacity as Director of the Virginia Department of Mines, Minerals and Energy's Division of Mineral Mining, Defendants-Appellees, and Terry McAuliffe, in his official capacity as Governor of Virginia; Maurice Jones, in his official capacity as Virginia Secretary of Commerce and Trade; Molly J. Ward, in her official capacity as Virginia Secretary of Natural Resources; David K. Paylor, in his official capacity as Director of the Virginia Department of Environmental Quality; Robert J. Weld, in his official capacity as Regional Director of the Department of Environmental Quality's Blue Ridge Regional Office; Michael Dowd, in his official capacity as Director of the Virginia Department of Environmental Quality's Air Division; Melanie D. Davenport, in her official capacity as Director of the Virginia Department of Environmental Quality's Water Permitting Division; Justin Williams, in his official capacity as Director of the Virginia Department of Environmental Quality's Division of Land Protection and Revitalization, Defendants. The Nuclear Energy Institute, Amicus Curiae, Roanoke River Basin Association; Dan River Basin Association, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 17, 2017.


Attorney(s) appearing for the Case

ARGUED: Charles J. Cooper , COOPER & KIRK, PLLC, Washington, D.C., for Appellants. Stuart Alan Raphael , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. ON BRIEF: Michael W. Kirk , John D. Ohlendorf , COOPER & KIRK, PLLC, Washington, D.C., for Appellants. Mark R. Herring , Attorney General of Virginia, Rhodes B. Ritenour , Deputy Attorney General, Jonathan Duncan Pitchford , Assistant Attorney General, Matthew R. McGuire , Assistant Attorney General, Trevor S. Cox , Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. William C. Cleveland , Caleb A. Jaffe , SOUTHERN ENVIRONMENTAL LAW CENTER, Charlottesville, Virginia, for Amici Roanoke River Basin Association and Dan River Basin Association. Peter C. Meier , PAUL HASTINGS LLP, San Francisco, California; Ellen C. Ginsberg , Jonathan M. Rund , Anne W. Cottingham , NUCLEAR ENERGY INSTITUTE, Washington, D.C., for Amicus Nuclear Energy Institute.

Affirmed by published opinion. Judge Diaz wrote the majority opinion, in which Judge Harris joined. Judge Traxler wrote a dissenting opinion.


Virginia Uranium, Inc., Coles Hill, LLC, Bowen Minerals, LLC, and Virginia Energy Resources, Inc. (collectively "Virginia Uranium") appeal the district court's dismissal of their complaint for failure to state a claim upon which relief can be granted. Because we agree with the district...

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