UNITED STATES of America; State of Alabama, ex rel. Luther Strange, in his official capacity as Attorney General of Alabama; Alabama Department of Environmental Management; Commonwealth of Kentucky, Energy and Environment Cabinet; State of Tennessee, ex rel. Herbert H. Slatery III, in his official capacity as the Attorney General and Reporter of Tennessee; Commonwealth of Virginia, Plaintiffs-Appellees,
v.
SOUTHERN COAL CORPORATION; Premium Coal Company, Incorporated, Defendants-Appellants, and
Justice Coal of Alabama, LLC; A&G Coal Corporation; Four Star Resources, LLC; Infinity Energy, Incorporated; Kentucky Fuel Corporation; Sequoia Energy, LLC; Virginia Fuel Corporation; National Coal, LLC; S and H Mining, Incorporated; Airway Resources, LLC; Baden Reclamation Company; Black River Coal, LLC; Chestnut Land Holdings, LLC; Meg-Lynn Land Company, Incorporated; Nine Mile Mining, Incorporated; Cane Patch Mining Company, Incorporated; Bluestone Resources, Incorporated; Dynamic Energy, Incorporated; Greenthorn, LLC; Justice Highwall Mining, Incorporated; National Resources, Incorporated; NUFAC Mining Company, Incorporated; Pay Car Mining, Incorporated; Second Sterling Corporation; Newgate Development of Beckley, LLC, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: December 7, 2022.
Decided: April 4, 2023.
Attorney(s) appearing for the Case
ARGUED: Robert Philip Fowler, SOUTHERN COAL CORPORATION, Birmingham, Alabama, for Appellants. David Seth Frankel, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Aaron B. Houchens, AARON B. HOUCHENS, P.C., Salem, Virginia; Michael W. Carey, S. Benjamin Bryant, CAREY DOUGLAS KESSLER & RUBY, PLLC, Charleston, West Virginia, for Appellants. Todd Kim, Assistant Attorney General, Patrick Casey, Michael T. Gray, Evelyn S. Ying, Environment and Natural Resources Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee United States. Robert D. Tambling, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF ALABAMA, Montgomery, Alabama; Wilson S. Buntin, Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF TENNESSEE, Nashville, Tennessee, for State Appellees.
Affirmed by published opinion. Senior Judge Floyd wrote the majority opinion, in which Judge Wilkinson joined. Judge Rushing wrote a separate opinion concurring in part and dissenting in part.
FLOYD, Senior Circuit Judge:
Defendants-Appellants Southern Coal Corporation and Premium Coal Company, Inc., (collectively, "Southern Coal") ask this Court to reverse a district court's order granting a motion to compel compliance with a consent decree (the "Decree") to which they previously acquiesced.1 The Decree operated...
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